Civil Procedure Code, 1908, Order 6, Rule 17 -- Written statement - Amendment - Plea of limitation - Can be allowed to be raised as an additional defence...........
Civil Procedure Code, 1908, Order 6, Rule 17 -- Written statement - Amendment - Inconsistent pleas - Can be raised by defendant in written statement although the same may not be permissible in the case of plaint...........
Civil Procedure Code, 1908, Order 6, Rule 17 -- Written statement - Amendment - Alternative plea of ownership - Amendment allowed...........
Civil Procedure Code, 1908, Order 6, Rule 17 -- Written statement - Amendment - Courts are more liberal in allowing amendment of written statement than of plaint...........
Civil Procedure Code, 1908, Order 6, Rule 17 -- Pleadings - Amendment - An amendment of a plaint and amendment of a written statement are not governed by exactly the same principles - General principles are common to both - The rule that plaintiff cannot be allowed to amend his pleadings so as to alter materially or substitute his cause of action or the nature of his claim..........
Civil Procedure Code, 1908, Order 6, Rule 17 -- Amendment of pleadings - General Principles (i) Wide and unfettered discretion conferred on the Courts to allow pleadings in such a manner and on such terms as it appears to the Court just and proper (ii) Courts should be extremely liberal in allowing amendment of pleadings unless serious injustice or irreparable loss is..........
Civil Procedure Code, 1908, Order 6, Rule 17 -- Amendment of written statement - Plea of limitation - Can be allowed to be raised as an additional defence by way of amendment...........
Civil Procedure Code, 1908, Order 6, Rule 17 -- Amendment of written statement - Withdrawal of admission - Admission in evidence and written statement - Can be explained by way of filing application for amendment of written statement...........
Civil Procedure Code, 1908, Order 6, Rule 17 -- Amendment of written statement - Delay of 3 years in filing application for amendment of written statement - No ground for rejection of amendment when no serious prejudice caused to other party to take away any accured right...........
Civil Procedure Code, 1908, Order 6, Rule 17 -- Amendment of written statement - Inconsistent/alternative pleas - Can be raised in written statement - Not permissible in case of plaint...........
