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High Court of Karnataka Allows Amendment of Plaint in Specific Performance Suit — Legal Representatives Permitted to Add Alternative Prayer for Refund of Advance. Pre-trial amendment under Order VI Rule 17 CPC is to be liberally allowed if it does not cause irreparable prejudice to the opposite party.

The petitioners, legal representatives of the deceased plaintiff Chintamani Madhav Joshi, filed a writ petition under Article 227 of the Constitution ...

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Bombay High Court Allows Amendment of Plaint in Property Suit Under Order 6 Rule 17 CPC — No Prejudice to Defendants as Trial Not Commenced. Amendment sought to convert suit from injunction to partition is permissible when no evidence has been led and no vested right is affected.

The petitioners, original defendants in Regular Civil Suit No.60 of 1988, challenged the order of the Ad-hoc District Judge-8, Pune dated 10/01/2020, ...

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High Court of Karnataka Allows Amendment of Written Statement in Property Suit — Liberal Approach to Pre-Trial Amendments Under Order 6 Rule 17 CPC. Defendant's Application to Deny Genealogy Allowed as Necessary for Real Controversy, Despite Earlier Admission.

The petitioner, who was the 1st defendant in O.S. No. 45/2011 pending before the Senior Civil Judge & JMFC, Mudhol, filed a writ petition under Articl...

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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 of Plaint in Rent Control Suit — Petitioner Landlord Permitted to Add Details of Bonafide Requirement for Demolition and Reconstruction. Amendment Sought Before Commencement of Trial Must Be Liberally Allowed Under Order VI Rule 17 CPC.

The petitioner, Ajit Narsinha Talekar, the landlord, filed a suit for possession against the respondents, Smt. Nirmala Wamanrao Kekade and others, und...

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Bombay High Court Allows Amendment of Written Statement in Partition Suit — Liberal Approach to Amendments Before Trial. Amendment to incorporate subsequent events and additional properties does not change nature of suit and must be allowed under Order VI Rule 17 CPC.

The petitioners (defendants in the suit) challenged an order dated 12 July 2005 passed by the IInd Joint Civil Judge (J.D.), Kopargaon, rejecting thei...