Civil Procedure Code, 1908, Order 6, Rule 17 -- Amendment of plaint - Suit for declaration, specific performance, possession and for permanent injunction - Suit property in respect of which plaintiff and defendant no.1 had made agreement is different property and not property as claimed by defendant Nos.12 & 13 - There is no necessity of giving any further explanation as..........
Civil Procedure Code, 1908, Order 6, Rule 17 -- Amendment of plaint - Amendment sought to incorporate fact that father of plaintiff was not heard for last 25-30 years and it may be presumed that he is dead - However, application is bereft of any reasons as to why these averments were not made or a consequential relief was not sought when plaint was filed despite having..........
Civil Procedure Code, 1908, Order 6, Rule 1, 2 -- Pleadings - In absence of pleading, evidence if any produced by parties cannot be considered...........
Civil Procedure Code, 1908, Order 6, Rule 1, 2 -- Pleadings - If a plea is not specifically made and yet it is covered by an issue by implication and parties knew that said plea was involved in the trial, then mere fact that plea was not expressly taken in the pleadings would not necessary disentitle a party from relying upon it if it is satisfactorily proved by evidence...........
Civil Procedure Code, 1908, Order 6, Rule 17 -- Amendment of pleadings - Defect in verification - Can be cured by filing an application U.O.6.R.17 CPC...........
Civil Procedure Code, 1908, Order 6, Rule 17, 14, 15 -- Amendment of pleadings - To cure defect in verification - Provisions of O.6.Rr.14, 15 CPC only prescribe for signing and verification of pleading by parties - It nowhere restricts that if any genuine or bona fide mistake has occurred in the pleadings, same cannot be cured...........
Civil Procedure Code, 1908, Order 6, Rule 17 -- Amendment of pleadings - Parties to pleading can at any stage move application for amending their pleading as per O.6.R.17 CPC...........
Civil Procedure Code, 1908, Order 6, Rule 17 -- Eviction petition - Amendment of reply to the petition - Subsequent events - Eviction sought from a shop on ground of reasonable and bonafide necessity - Acquiring of residential premises during pendency of eviction petition - In view of nature of acquired property, application rightly rejected...........
Civil Procedure Code, 1908, Section 151, Order 6, Rule 17 -- Amendment of written statement - Subsequent event - Eviction suit - Reasonable and bonafide necessity of a landlord has to be seen on the date of institution of suit - However, subsequent event having material bearing on reasonable and bonafide necessity of landlord can be taken into consideration - But in the..........
Civil Procedure Code, 1908, Section 151, Order 6, Rule 17 -- Amendment of written statement - Eviction suit - Tenant sought amendment by incorporating subsequent events occurred during pendency of appeal without specifying exactly when these alleged subsequent events have taken place - Subsequent event pleaded in application was not of such nature which obliterated the..........
