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High Court of Karnataka Examines Trial Court's Order Allowing Amendment of Plaint in Suit for Recovery to Include Specific Performance. Petition Under Article 227 Questions Delay and Due Diligence Despite Liberal Approach to Amendments under Order VI Rule 17 CPC.

The writ petition was filed under Article 227 of the Constitution of India by the defendants in a suit, challenging the order of the Senior Civil Judg...

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Bombay High Court Allows Amendment of Plaint in Lease Dispute — Petitioner Seeks to Bring Subsequent Events on Record. Amendment Sought to Include Facts Regarding Dispossession After Filing of Suit, Held That Amendment Should Be Allowed as It Does Not Change Nature of Suit.

The petitioner, Mohan s/o Maluram Agrawal, filed a suit for mandatory injunction against the respondents, Smt. Kaladevi wd/o Sawarmal Agrawal and Pras...

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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.

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

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Bombay High Court Dismisses Writ Petition Challenging Rejection of Amendment Application in Partition Suit. Amendment Sought After Commencement of Trial Not Allowed Under Order VI Rule 17 CPC Due to Lack of Due Diligence.

The petitioners, Hemlata Harish Bhatia and Bharat Vallabhdas Bhatia, filed a suit for partition in 2004 against the respondents, Vallabhdas Lalchand D...

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Supreme Court Allows Appeal and Restores Trial Court Decree in Timber Supply Payment Dispute. Misdescription of Proprietorship Firm Name Does Not Invalidate Suit; Amendment Relates Back to Original Filing and Overcomes Limitation Bar.

The dispute arose from a civil suit for recovery of the price of timber supplied. Manohar Lal, son of Jai Jai Ram, carried on business as a commission...

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Bombay High Court Allows Amendment of Written Statement in Commercial Suit, Rejecting Limitation Bar Under Article 137. Article 137 of Limitation Act, 1963 Held Inapplicable to Applications for Amendment of Pleadings, Allowing Defendants to Elaborate Existing Defences.

The case involves a Chamber Summons taken out by defendant nos. 1, 2, 4, and 5 in Suit No. 2256 of 1998 pending before the Bombay High Court. The defe...

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High Court of Bombay at Goa Quashes Trial Court Order Allowing Amendment to Counterclaim in Civil Suit. Counterclaim Based on Cause of Action Arising After Filing of Written Statement Is Not Maintainable Under Order VIII Rule 6A Code of Civil Procedure, 1908.

The petitioners, original plaintiffs in a civil suit for declaration and permanent injunction filed on 17 April 2007, challenged an order of the trial...