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High Court of Karnataka Allows Defendant's Amendment Application in Specific Performance Suit — Delay Not a Ground for Rejection. Amendment to plead that agreement of sale was void for lack of consideration and signature is necessary for just adjudication under Order VI Rule 17 CPC.

The petitioner, who is the defendant in O.S.No.27/2012 pending before the Senior Civil Judge, Kolar Gold Fields, filed a writ petition under Article 2...

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High Court of Karnataka Allows Amendment of Plaint in Suit for Declaration and Injunction — Petitioner Permitted to Include Alternative Relief of Possession. Amendment Sought After Evidence Closed but Before Judgment Reserved, Held Not Barred by Order VI Rule 17 CPC Proviso as Trial Had Not Concluded.

The petitioner, Sri Channappa, filed a suit (O.S.No.143/2017) before the Principal Civil Judge and JMFC, Chintamani, seeking a declaration of title an...

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High Court of Karnataka Quashes Trial Court Order Allowing Amendment of Plaint After 17 Years for Lack of Due Diligence. Amendment Sought to Introduce New Facts After Commencement of Trial Held Barred Under Order VI Rule 17 CPC.

The petitioners, who are defendants in O.S. No. 8816/2003 pending before the XI Additional City Civil Judge, Bangalore, filed this writ petition under...

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Bombay High Court Allows Amendment in Partition Suit After Remand — Liberal Approach to Pleadings Under Order VI Rule 17 CPC. Defendants' Application for Amendment of Written Statement Rejected by Trial Court on Grounds of Delay and Lack of Bona Fides Set Aside; Amendment Allowed with Costs.

The petitioners, defendants in a suit for declaration, partition and separate possession, challenged the trial court's order dated 27/06/2016 rejectin...

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Karnataka High Court Sets Aside Order Allowing Amendment in Final Decree Proceeding — Amendment Sought After Final Decree Drawn Up Held Impermissible. Order VI Rule 17 CPC cannot be invoked to change the case after final decree is concluded.

The petitioners, Mrs. Aysha and S. Mohammed Iqbal, filed a writ petition under Article 227 of the Constitution of India challenging an order dated 20....

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Bombay High Court Dismisses Revision Against Rejection of Amendment Application in Civil Suit — Amendment Sought After 11 Years and After Commencement of Trial Held Not Bonafide and Would Cause Prejudice to Opposite Party.

The petitioners, who were defendants in Special Civil Suit No.123 of 1990 filed by the predecessor of respondents No.1 to 8, challenged the order date...

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Bombay High Court Quashes Trial Court Order Allowing Amendment Due to Lack of Reasons — Matter Remanded for Fresh Consideration. Writ petition challenging amendment order allowed as trial court failed to assign any reasons, violating the requirement of a reasoned order under Order VI Rule 17 CPC.

The petitioners, Smt. Savita Morajkar, Smt. Sarita Morajkar, and Shri Raghunath Shashikant Morajkar, through their Power of Attorney Shri Shashikant R...

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Bombay High Court Dismisses Grampanchayat's Writ Petition for Lack of Locus Standi in Heirship Certificate Amendment Challenge. Group Grampanchayat not a 'person aggrieved' under Bombay Regulation VIII of 1827 as it had no legal interest in the estate of the deceased.

The case involves a writ petition filed by Group Grampanchayat, Sasavane challenging an order dated 6 January 2010 passed by the Civil Judge, Senior D...