Search Results for "2009 amendment"

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Search Results for "2009 amendment"

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High Court

High Court of Karnataka Allows Amendment of Plaint in Suit for Declaration — Petitioner Allowed to Amend Plaint to Include Alternative Relief of Specific Performance. Amendment Sought After Commencement of Trial but Before Evidence Concluded, Held Permissible Under Order VI Rule 17 CPC as No Prejudice Caused to Opposite Party.

25 Sep 2025

The petitioner, Smt. C M Bhagyalakshmamma, filed a suit (O.S.No.123/2014) before the Senior Civil Judge and JMFC, Tumakur, seeking a declaration that ...

High Court

Bombay High Court Dismisses Petition Challenging Amendment of Probate Schedule by Prothonotary. Prothonotary has power to allow amendment of schedule of assets in probate proceedings under Section 317 of Indian Succession Act, 1925.

11 Oct 2013

The petitioners, Mukesh Ramanlal Gokal and Bharat Ramanlal Gokal, filed a petition under the Testamentary and Intestate Jurisdiction of the Bombay Hig...

High Court

High Court of Karnataka Dismisses Writ Petition Challenging Rejection of Plaint Amendment in Permanent Injunction Suit — Amendment Sought After Trial Commenced Held Barred by Proviso to Order VI Rule 17 CPC. The court upheld the trial court's order rejecting the amendment application filed after the commencement of trial, as the plaintiff failed to show due diligence and the amendment was sought after a lapse of nearly 5 years.

30 Jul 2025

The petitioner, who was the plaintiff in O.S. No. 1102 of 2017 before the II Additional Civil Judge, Bengaluru Rural, filed a writ petition under Arti...

High Court

Bombay High Court Allows Amendment of Plaint in Injunction Suit at Appellate Stage — Sham Transaction Declaration Permitted. The court held that amendment seeking declaration that sale deed was nominal and bogus did not change nature of suit and was necessary for determining real controversy under Order 6 Rule 17 CPC.

13 Sep 2017

The petitioners, legal heirs of the original plaintiff, filed a writ petition challenging the rejection of their amendment application by the District...

High Court

Bombay High Court Dismisses Petition Challenging Amendment of Plaint in Gift Deed Dispute — Limitation Not a Bar at Amendment Stage. Amendment Allowed to Challenge Three Gift Deeds Executed in December 2008, Despite Suit Filed in 2009 and Evidence Commenced, as Amendment Did Not Change Nature of Suit and Limitation Is a Mixed Question of Law and Fact.

5 Apr 2019

The petitioners, original defendants in a civil suit, challenged an order dated 20.11.2017 passed by the trial court allowing the plaintiff's applicat...

High Court

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.

23 Sep 2016

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

High Court

High Court of Karnataka Allows Amendment of Written Statement in SFC Act Recovery Proceedings — Petitioner Allowed to Raise Additional Defence of Limitation and Discharge. Pre-trial amendment under Order VI Rule 17 CPC should be liberally allowed as no prejudice is caused to the opposite party that cannot be compensated by costs.

29 May 2017

The petitioner, Suryakant M. Bichkunde, filed a writ petition under Articles 226 and 227 of the Constitution of India challenging the order dated 21.0...

High Court

Bombay High Court Allows Amendment of Written Statement Despite Commencement of Trial in Small Causes Suit — Due Diligence Requirement Under Order VI Rule 17 CPC Satisfied. The court held that the amendment was necessary for determining the real controversy and that the opposite party could be compensated by costs, thereby setting aside the orders of the Trial Court and Revisional Authority.

30 Jun 2017

The case arises from a civil suit filed by Respondent No.1 (Plaintiff) in the Small Causes Court, Pune, being Civil Suit No.371 of 2013, seeking relie...

High Court

Bombay High Court Allows Amendment of Written Statement in Divorce Case Due to Pre-trial Stage and No Prejudice. Order 6 Rule 17 CPC Applied Liberally to Allow Wife to Incorporate Allegations of Husband's False Assurances and Misrepresentation.

9 Oct 2017

The petitioner-wife filed a writ petition challenging the order dated 15/02/2017 passed by the Principal Judge, Family Court, Kolhapur in P.A. No.110 ...

High Court

Bombay High Court Allows Writ Petition Challenging Amendment of Written Statement at Appellate Stage for Lack of Due Diligence Under Order 6 Rule 17 CPC. The Court Set Aside the District Court's Order Allowing Amendment After Trial Had Commenced, Holding That the Proviso to Order 6 Rule 17 Mandates a Finding of Due Diligence.

17 Dec 2013

The petitioner, original plaintiff in Regular Civil Suit No. 179 of 2009, filed a writ petition challenging the order dated 23 July 2013 passed by the...

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