Civil Procedure Code, 1908, Order 12, Rule 6 -- Judgment on admission - Admissions can be in pleadings or otherwise, namely, in documents, correspondences etc., but admissions must be unequivocal, unqualified and unambiguous and in process the Court is required to ignore vague, evasive and unspecific denials - Moreover, a party is expected to expressly deny allegations..........
Civil Procedure Code, 1908, Order 6, Rule 1, 2 -- Void or voidable document - To attract the distinction, clear averments are required to be made in the plaint...........
Civil Procedure Code, 1908, Order 6, Rule 1, 2 -- Void or voidable document - To attract the distinction, clear averments are required to be made in the plaint...........
Civil Procedure Code, 1908, Order 6, Rule 17 -- Plaint - Amendment - Amendment sought to change description of property - Mistake realised on the day on which he sat with his Advocate for writing written statement - Explanation is just and sufficient - Cannot be said that plaintiff was not diligent which filing the suit itself - Amendment allowed...........
Civil Procedure Code, 1908, Order 6, Rule 17 -- Plaint - Amendment - Can be allowed at any stage before judgment is pronounced if Court comes to a conclusion that amendment is necessary for complete and effectual disposal of the case and that by allowing amendment, no prejudice would be caused to the defendants...........
Civil Procedure Code, 1908, Order 6, Rule 17 -- Plaint - Amendment - Sought to change description of suit property in a suit for permanent injunction - Can be allowed at any stage before judgment is pronounced - No valuable right accrues to the defendant due to boundary description and there is no admission which is sought to be taken away - Order allowing amendment,..........
Civil Procedure Code, 1908, Section 151, Order 6, Rule 17 -- Plaint and final decree - Amendment - Court can allow amendment of plaint and final decree if correction is of a clerical nature and also if no prejudice is caused to the other side...........
Civil Procedure Code, 1908, Order 6, Rule 17 -- Plaint - Amendment - Court can allow amendment when such an amendment is bona fide and it does not cause injustice to the other side and it does not affect the right already accrued to the defendant...........
Civil Procedure Code, 1908, Order 6, Rule 17 -- Plaint - Amendment - Town Survey number sought to be substituted by another number which was wrongly mentioned due to typographical mistake - Identity of property not changed - One land not substituted with another one - Amendment allowed - Order upheld...........
Civil Procedure Code, 1908, Order 6, Rule 17 -- Plaint - Amendment - Sought after passing of the preliminary decree - Amendment sought to change Town Survey Number - Identity of suit land not changed - It is not a case of substitution of one land with the other - No prejudice is to be caused to the opposite party in case amendment is allowed - Order allowing amendment..........
