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Bombay High Court Dismisses Challenge to Amendment of Plaint in Property Suit — No New Case Introduced. Amendment to incorporate subsequent events and clarify pleadings is permissible under Order VI Rule 17 CPC as it does not change the nature of the suit.

The petitioner, defendant no.1 in a civil suit, challenged an order dated 30.08.2021 passed by the 2nd Joint Civil Judge Senior Division, Nanded, allo...

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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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High Court of Karnataka Allows Amendment of Written Statement in Property Suit — Rejection of Amendment Set Aside. Order 6 Rule 17 CPC Amendment Allowed as Necessary to Avoid Multiplicity of Proceedings and No Prejudice Caused to Plaintiff.

The petitioner, Smt. Kasturibai @ Lakkavva, was the first defendant in O.S. No. 45/2011 pending before the Senior Civil Judge & JMFC, Mudhol. The suit...

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Bombay High Court Allows Amendment in Suit for Specific Performance After Trial Commenced — Amendment Sought After Cross-Examination of Plaintiff's Witness Held Not Barred by Proviso to Order VI Rule 17 CPC as Trial Had Not Concluded and Amendment Was Necessary for Determining Real Controversy

The petitioner, Walchandnagar Industries Limited, the original defendant No.1, challenged an order dated 28-11-2012 passed by the learned Civil Judge,...

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Bombay High Court Allows Amendment of Written Statement Despite Trial Commencement — Liberal Approach Under Order 6 Rule 17 CPC. Amendment Sought to Incorporate Alternative Plea of Ownership Based on Adverse Possession Not Barred by Delay or Lack of Due Diligence.

The petitioners, who were defendants in Regular Civil Suit No. 242/2007, filed an application (Exh. 42) for amendment of their written statement. The ...

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Bombay High Court Upholds Amendment of Plaint in Property Dispute — No New Cause of Action Introduced. Amendment seeking to add details of alternate accommodation agreement and electricity disconnection allowed as it clarifies existing claim without changing the nature of the suit.

The petitioner, Ravi Ashish Builders Ltd, challenged an order dated 10th September 2018 passed by the learned trial judge allowing Chamber Summons No....

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Supreme Court Allows Appeal in Title Suit Over Land Dispute, Reversing High Court on Requirement to Challenge Sale Deed. Plaintiff Established Title Through Valid Gift Deed Under Muslim Law, Making Subsequent Sale Deed Void Ab Initio and Unnecessary for Cancellation Under Code of Civil Procedure, 1908.

The dispute involved a title suit over land where the appellants, as legal heirs of the original plaintiff, claimed ownership through a registered gif...

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High Court of Karnataka Dismisses Petition Challenging Rejection of Amendment Application in Partition Suit — Amendment Sought to Introduce New Case After Evidence Closed, Held Not Permissible Under Order VI Rule 17 CPC.

The petitioner, Mahadevappa S/o Irappa Hudedamani, filed a writ petition under Articles 226 and 227 of the Constitution of India challenging an order ...