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Home CIVIL CPC

CPC O 6 R. 17 – By the amendment, a somersault is sought to be taken – Dismissed.

by Punjab Law Reporter
April 19, 2022
in CPC
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CPC O 6 R. 17 – By the amendment, a somersault is sought to be taken – In WS filed, admitted that the defendant is a tenant in the shop , through amendment wants to plead petitioner is a co-sharer – Admission, regarding the relationship was, sought to be withdrawn – Dismissed.

2022 PLRonline 4054

Tags: CPC O. 6 R. 17
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मनुस्मृति अथवा मानवधर्मशास्त्रम् -Manu Smriti or Manab Dharma Sastram (in Sanskrit) – The LAWS OF MANU

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[P&H] Tenancy – Defendant is estopped in raising the challenge to the title of the landlord and has to surrender possession before that can be done

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CPC O. 6 R. 17 – Merely introducing a declaratory relief through the proposed amendment does not alter the nature of the suit. [ID 487774]

December 5, 2024
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CPC O. 6 R. 17  read with O. 1 R. 10 – Application seeking impleadment of subsequent purchaser, as well as incorporating the necessary averments in the plaint – May not be a necessary party but cannot be said that the presence of the purchaser in the suit proceedings would be improper also. (PLRonline ID 46513)

February 25, 2024
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CPC O. 6 R. 17- Amendment after 7 years – Evidence has started – Possibly a drafting error – Order allowing amendment – Upheld.

July 23, 2023
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CPC O. 2 R. 2 – CPC O. 6 R. 17 – Order II Rule 2 CPC bars subsequent suits if certain conditions are met. Amendments necessary for determining the real controversy are generally allowed, except when unjust or prejudicial. Amendments aiding proper adjudication and avoiding multiple proceedings are permitted. Amendments introducing time-barred claims, altering the suit’s nature, or losing a valid defense are disallowed. Courts should be liberal and avoid a hyper-technical approach, considering the dispute to render a satisfactory decision. Delay alone isn’t a ground for disallowing amendments, but when they completely change the suit’s nature, they must be rejected. [ID 404505]

July 22, 2023
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