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Bombay High Court Allows Amendment of Plaint After 30 Years in Property Suit — No Prejudice as Trial Not Commenced. Pre-Trial Amendment Permissible Under Order VI Rule 17 CPC Despite Delay, as No New Cause of Action Introduced.

The present writ petition arises out of a civil suit filed in 1993 by the original plaintiffs, Smt. Bertha Carvalho and Shri Ross Carvalho, against th...

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High Court of Karnataka Allows Amendment of Plaint in Suit for Declaration and Injunction — Order VI Rule 17 CPC Amendment Permitted to Clarify Title and Boundaries. Pre-trial amendment allowed liberally as it did not change nature of suit and was necessary to determine real controversy between parties.

The petitioner, Syed Shakeel Ahamed, filed a writ petition under Articles 226 and 227 of the Constitution of India challenging an order dated 21.11.20...

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High Court of Bombay at Goa Allows Amendment of Plaint in Property Suit — Liberal Approach to Amendment Under Order 6 Rule 17 CPC Upheld. The court set aside the trial court's rejection of amendment application, holding that due diligence must be assessed reasonably and not mechanically.

The petitioners, Antonio Braganza and Aldila Braganza, filed a writ petition challenging the order dated 22.07.2015 passed by the learned Adhoc Senior...

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Bombay High Court Dismisses Petition Challenging Amendment of Plaint in Eviction Suit. Amendment to Clarify Property Description Allowed Under Order VI Rule 17 CPC as No Prejudice Caused to Tenant.

The petitioner, M/s K.T. Kubal & Company, was a tenant in a building owned by the respondent, Mujibur Rehman Haji Israr Alam Siddiqui. The respondent ...

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Bombay High Court Allows Amendment of Written Statement in Civil Suit — Liberal Approach to Pleadings Upheld. Amendment sought to incorporate additional facts regarding possession and title, not changing the nature of the suit, allowed with costs.

The petitioners, who were defendants in Regular Civil Suit No.667 of 2009 pending before the 5th Joint Civil Judge Junior Division, Akola, challenged ...

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Bombay High Court Allows Amendment of Plaint in Property Dispute Between Siblings. Court holds that amendment seeking to add alternative claim for partition and separate possession does not change the nature of the suit and is necessary for effective adjudication.

The petitioners, Barkatali Abdul Razzak Kazi, Noorjahan Gafoor Shijwalkar, and Aishabi Jabbar Thakur, filed a writ petition in the Bombay High Court c...

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Bombay High Court Allows Revision Against Rejection of Amendment Application in Partition Suit — Amendment Sought to Add Plea of Alienation After Discovery of Sale by Co-defendants. Pre-trial amendment under Order VI Rule 17 CPC must be liberally allowed to determine real controversy.

The petitioners, five plaintiffs, filed a suit for partition and 1/7th share in the suit property. After the defendants appeared, the plaintiffs disco...

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Bombay High Court Quashes FIR Against Journalists in Fake Encounters Case — No Prima Facie Case of Criminal Conspiracy. Journalists' Role Limited to Reporting, Not Abetment or Conspiracy Under Sections 302, 120B IPC and Other Provisions.

The case involves a criminal writ petition filed by nine journalists seeking quashing of an FIR and charge sheet filed by the Central Bureau of Invest...