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Search Results for "order vi rule 17"

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High Court

Bombay High Court Dismisses Tenant's Challenge to Amendment of Plaint in Rent Control Suit — Amendment Allowed as Necessary for Adjudication of Real Controversy Between Parties

26 Jun 2014

The petitioner, Dinesh G. Chhabra, a tenant, challenged an order dated 21.3.2014 passed by the learned Second Additional Judge, Small Causes Court, Na...

High Court

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.

12 Jun 2014

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

High Court

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.

11 Apr 2014

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

High Court

High Court of Bombay at Goa Allows Amendment of Written Statement to Include Set-Off Plea in Civil Suit — No Prejudice to Plaintiff as Issues Not Yet Framed. Amendment Sought After 7 Years of Filing Written Statement Held Permissible Under Order VI Rule 17 CPC as Trial Had Not Commenced.

9 Apr 2014

The petitioner, M/s. Reliance Enterprises, filed a writ petition challenging an order dated 30.11.2013 passed by the Civil Judge, Senior Division, Mar...

High Court

High Court of Bombay at Goa Allows Amendment of Pleadings in Civil Suit for Mandatory Injunction — Land Acquisition Notification and RTI Information Constitute Subsequent Events Justifying Amendment. The court held that Order VI Rule 17 CPC permits amendment to bring on record subsequent events and to delete a party if not necessary, to avoid multiplicity of proceedings.

4 Mar 2014

The petitioners, owners of a suit property, filed Civil Suit No. 76/2010 seeking various reliefs including a mandatory injunction against the responde...

High Court

Bombay High Court Dismisses Petition Challenging Amendment of Written Statement in Specific Performance Suit. Mistake of Counsel Held Not to Prejudice Defendant's Right to Fair Trial — Amendment Allowed as Explanatory and Necessary for Real Controversy.

18 Feb 2014

The petitioners, original plaintiffs, filed a suit for specific performance of contract dated 02.03.2003 against the respondents. During the trial, af...

High Court

Bombay High Court Allows Amendment in Civil Suit to Include Better Particulars and Documents. Court holds that amendment prior to trial should be liberally allowed to decide real controversy under Order VI Rule 17 CPC.

22 Jan 2014

The plaintiff, M/s. R.K. Patel Engineers & Contractors Pvt. Ltd., filed a Chamber Summons in Suit No. 119 of 2001 seeking to amend the plaint. The pla...

High Court

High Court of Bombay at Goa Allows Amendment of Plaint in Specific Performance Suit — Petitioner Granted Leave to Amend Despite Delay as No New Cause of Action Introduced. Amendment under Order VI Rule 17 CPC Permitted as It Only Clarified Existing Pleadings and Added Alternative Prayer Without Changing Nature of Suit.

17 Jan 2014

The petitioner, T. V. P. Bhaskar Rao, filed a suit for specific performance of contract, injunction, and other reliefs against M/s. Susheela Homes & P...

High Court

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.

12 Oct 2006

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

High Court

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.

11 Sep 2006

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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