Search Results for "amendment of pleadings"

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Supreme Court Allows Appeal Against High Court Order Permitting Additional Written Statement with Inconsistent Stand in Eviction Suit. Change of Status from Co-sharer to Tenant Held Impermissible Under Order 8 Rule 9 CPC as It Introduces a Totally Inconsistent and Contradictory Stand.

The appeal arises from a civil suit for eviction filed by the plaintiff, Mondira Ghosh, against the defendant, Chaitali Ghosh, in the City Civil Court...

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Bombay High Court at Goa Allows Writ Petition Challenging Execution Order in Eviction Suit — Mundkar Claim Rejected, Adverse Possession Not Proven. The executing court erred in dismissing execution on the ground of adverse possession when the decree was valid and the issue was already decided.

The petitioners, Miss Aura Serafina Crispina de Souza and Miss Agnes Felicia de Souza, are the original decree-holders who obtained an eviction decree...

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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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High Court of Bombay at Nagpur Partially Allows Appeal in Workmen's Compensation Case — Reduces Award from Rs.6,68,130 to Rs.4,50,000. Commissioner Exceeded Jurisdiction by Granting Amount Beyond Claimed Sum Without Amendment.

The appeal arises from a judgment and order dated 9th October 2006 passed by the Commissioner, Workmen's Compensation, Akola in Workmen's Compensation...

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Bombay High Court Dismisses Second Appeal in Specific Performance Suit — Amendment Seeking Declaration of Co-Ownership Barred by Limitation. The amendment sought to introduce a new case of co-ownership after the expiry of limitation period under Article 58 of the Limitation Act, 1963.

The case involves a Second Appeal filed by the original Defendant No.4 against the judgment of the Appellate Court which allowed an amendment to the p...

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Bombay High Court Dismisses Appeals in Property Suit, Upholds Refusal to Amend Written Statement and Set Aside Ex-Parte Decree. Amendment Seeking Inconsistent Defence After 4 Years Barred by Limitation; No Sufficient Cause Shown for Non-Appearance.

The present appeals arise out of a suit for declaration and injunction concerning property. The appellants, who were original defendants, sought to am...