Civil Procedure Code, 1908, Order 6, Rule 17 -- Amendment of written statement - Admission made in written statement cannot be permitted to be withdrawn...........
Civil Procedure Code, 1908, Order 6, Rule 17 -- Amendment of written statement - Amendment sought by defendant to change his character of a tenant which was otherwise as admission made in written statement - Admission made in written statement cannot be permitted to be withdrawn - Even otherwise, tenant by merely denying relationship of landlord and tenant could not avoid..........
Civil Procedure Code, 1908, Order 6, Rule 17 -- Amendment of plaint - Suit for specific performance - Amendment sought to incorporate consequential relief of possession - Relief of possession is ancillary in nature - Proposed amendment was allowed for effective and final adjudication of controversy between parties - No fault found in impugned order of allowing amendment of..........
Civil Procedure Code, 1908, Order 6, Rule 17 -- Amendment of plaint - Amendment can be refused when entirely a new case is set up, different from the one originally pleaded...........
Civil Procedure Code, 1908, Order 6, Rule 17 -- Amendment of plaint - After commencement of trial - Party seeking amendment has to show that despite due diligence he could not have sought amendment before trial commenced...........
Civil Procedure Code, 1908, Order 6, Rule 17 -- Amendment of plaint - Sought at appellate stage - By amendment, facts, cause of action and relief, which were well within their knowledge throughout sought to be introduced - At appellate stage Court cannot grant an amendment for the asking of a party - Where rights have already crystalized under one judgment, adding a new..........
Civil Procedure Code, 1908, Order 6, Rule 17 -- Amendment of plaint - At appellate stage - Amendment in appeal is a rarity...........
Civil Procedure Code, 1908, Order 6, Rule 4 -- Pleadings - Fraud, misrepresentation and undue influence - Gift deed - Plaint did not contain full particulars of alleged fraud, misrepresentation and undue influence except plaintiff pleading that deceased/donor was addicted to alcohol - Plaintiffs are admitting about execution of registered gift deed in favour of defendant,..........
Civil Procedure Code, 1908, Order 6, Rule 17 -- Amendment of written statement - At the appellate stage - Partition suit - Defendant sought amendment of written statement with an additional plea that it is only a benami transaction - If amendment is allowed then additional issues have to be framed and additional evidence has also to be adduced on either side - Amendment..........
Civil Procedure Code, 1908, Order 6, Rule 17.O -- Amendment of written statement and further to raise counter claim - Application filed after six years of filing of written statement when evidence of plaintiff was almost over - Defendants were very much aware of such facts at the time of filing written statement - Proposed amendment not necessary for determining real..........
