CPC O. 6 R. 17 – Merely introducing a declaratory relief through the proposed amendment does not alter the nature of the suit. [ID 487774]
Civil Procedure Code, 1908 (V of 1908) Order 6 Rule 17 - Every amendment in the prayer clause does not ...
Tag: CPC O. 6 R. 17
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)
Suit property, the subject matter of the agreement to sell has been transferred in favour of a third party - ...
CPC O. 6 R. 17- Amendment after 7 years – Evidence has started – Possibly a drafting error – Order allowing amendment – Upheld.
Anita v. Rita Kapadia , 2019 PLRonline 3503 2019 PLRonline 3503 ; Full Judgment with detailed headnotes for Online Subscribers ...
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]
Order II Rule 2 CPC operates as a bar against a subsequent suit if the requisite conditions for application thereof ...
CPC O. 6 R. 17 – Court must not refuse bona fide, legitimate, honest and necessary amendments and should never permit mala fide and dishonest amendments
CPC O. 6 R. 17 - While deciding the application for amendment ordinarily the court must not refuse bona fide, ...
CPC O. 6 R. 17 – ‘due diligence’ – Fault of lawyer
CPC, 1908, O. 6 R. 17 - Amendment of written statement – 'due diligence' - Amendment application filed after commencement ...
CPC O. 6 R. 17 – “due diligence”
The law on "due diligence" developed till this date is summarized as under : (a) "Due diligence" means careful and ...
CPC O. 6 R. 17 – Mere failure to set out even an essential fact does not, by itself constitute a new cause of action.
CPC, 1908, O. 6 R. 17, O. 30 R. 1 - Amendment of plaint – Suit for recovery of money ...
Specific Relief Act S. 22 (2) – CPC O. 6, R. 17 – Amendment of
Specific Relief Act, 1963, Section 22 (2) - Civil Procedure Code 1908 (V of 1908) Order 6, Rule 17 – ...
CPC O. 6 R. 17 – Incumbent to show that on account of intervening circumstances, relevant facts could not be mentioned or were omitted despite due diligence
Civil Procedure Code, 1908 (V of 1908) Order 6, Rule 17 – Petitioner has merely stated that inadvertently and due ...
Punjab Rent Act, 1995 – Under the new Rent Act he must establish that his permanent residence is in India and has returned back to the country permanently
East Punjab Urban Rent Restriction Act, 1949 (III of 1949) Section 13-B - Punjab Rent Act, 1995 (13 of 2012) ...
CPC O. 6 R. 17 – every passing moment may give a fresh cause of action to a party to institute a suit for permanent injunction
Mr. Abdul Shehbaz Thind, for the petitioner. Mr. Sham Lal Bhalla, for the respondents Civil Procedure Code, 1908 (V of ...
CPC O. 6 R. 17 – The admission, as such, which was made regarding the relationship was, thus, sought to be withdrawn by way of proposed amendment and a totally new and inconsistent case is sought to be set up and would cause serious prejudice to the plaintiffs and alter the character of action – Not permissible
Civil Procedure Code, 1908 (V of 1908) Order 6, Rule 17 – In the written statement filed, it was admitted ...
CPC O 6 R. 17 – By the amendment, a somersault is sought to be taken – Dismissed.
CPC O 6 R. 17 – By the amendment, a somersault is sought to be taken - In WS filed, ...
CPC O. 6 R. 17 – Pleading is required to state material facts and not evidence by which they are to be proved – In written statement plea already taken up that petitioner has got several properties – Amendment giving details of these properties is not required – Tenancy. 2022 PLRonline 7654
Civil Procedure Code 1908 (V of 1908) Order 6 Rule 17 – Amendment of written statement – A pleading is ...
