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Search Results for "order vi rule 17"

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High Court

High Court of Karnataka Allows Amendment of Plaint in Partition Suit — Petitioner Permitted to Include Alternative Relief of Sale Proceeds. Amendment sought before trial; court holds that Order VI Rule 17 CPC does not require due diligence before commencement of trial.

16 Feb 2022

The petitioner, Smt. Hemalatha, filed a writ petition under Article 227 of the Constitution of India challenging the order dated 08.08.2018 passed by ...

High Court

Bombay High Court Allows Amendment to Plaint in Suit for Compensation and Declaration of Sale Agreement as Void. Amendment Sought to Challenge Agreement for Sale of Property Allegedly Purchased with Siphoned Funds Allowed Under Order VI Rule 17 CPC.

5 Sep 2019

The Plaintiff, Edit II Productions, filed a suit seeking compensation for financial loss caused by the Defendants who allegedly siphoned funds from th...

High Court

Bombay High Court Allows Amendment of Plaint in Property Dispute — Petitioner Seeks to Add Claim for Possession and Mesne Profits After Discovery of Fraudulent Transfer During Pendency of Suit. Amendment Allowed Under Order VI Rule 17 CPC to Avoid Multiplicity of Proceedings and Bring Subsequent Events on Record.

3 Jun 2019

The petitioner, Avinash Karnik, filed a suit in the City Civil Court at Bombay seeking declaration and injunction in respect of a flat (suit flat) ori...

High Court

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

25 Sep 2013

The petitioner, Walchandnagar Industries Limited, the original defendant No.1, challenged an order dated 28-11-2012 passed by the learned Civil Judge,...

High Court

Bombay High Court Dismisses Petition Challenging Amendment of Written Statement to Include Counterclaim in Specific Performance Suit. Amendment Allowed as Trial Not Commenced and No Prejudice Caused to Plaintiffs Under Order VI Rule 17 CPC.

30 Aug 2013

The petitioners, original plaintiffs, filed Regular Civil Suit No.135 of 2007 seeking specific performance of an agreement dated 9.3.1998 and claimed ...

High Court

Bombay High Court Dismisses Writ Petition Challenging Rejection of Amendment and Review in Civil Suit — No Jurisdictional Error Found in Orders Under Order VI Rule 17 and Order 47 Rule 1 CPC. The court held that the trial court correctly applied the due diligence requirement for amendment after trial and that review was not warranted as no error apparent on the face of the record was shown.

6 Feb 2013

The petitioners, who were plaintiffs in Civil Suit No. 34/2009 before the Adhoc District Judge I, South Goa, at Margao, filed a writ petition under Ar...

High Court

Bombay High Court Allows Amendment in Specific Performance Suit to Add Alternative Claim for Damages and Refund. Amendment seeking alternative relief of damages and refund in lieu of specific performance does not introduce a new cause of action and is not barred by limitation under Article 137 of Limitation Act, 1963.

6 Feb 2013

The appeal arose from a decision of a Learned Single Judge of the Bombay High Court dated 6 March 2012, allowing an amendment to the plaint in a suit ...

High Court

Bombay High Court Dismisses Petition Challenging Amendment of Written Statement in Suit Challenging Consent Decree. Amendment Allowed as Suit Was at Stage of Framing Issues and No Prejudice Caused to Plaintiffs.

4 Feb 2013

The petitioners, Salma Asgarali Makati and others, filed a Writ Petition under Article 227 of the Constitution challenging an order dated 22-10-2012 p...

High Court

Bombay High Court Allows Amendment of Written Statement to Include Counterclaim in Specific Performance Suit — No Bar Under Order VIII Rule 6A CPC for Counterclaim Arising After Filing Suit. The court held that a counterclaim arising after the suit but before filing of written statement can be introduced by amendment under Order VI Rule 17 CPC, and such counterclaim is not barred by limitation if filed within three years under Article 113 of the Limitation Act, 1963.

20 Jan 2005

The petitioner, Mrs. Ivy Muriet Fonseca, was the defendant in Special Civil Suit No. 85/2001/C filed by the respondent, Mr. Porus Adi Dotor, seeking s...

High Court

Bombay High Court Dismisses Application for Amendment in Commercial IP Suit Due to Delay and Lack of Due Diligence. Amendment After Commencement of Trial Not Allowed Under Order VI Rule 17 CPC as Plaintiffs Failed to Show They Could Not Have Raised the Matter Earlier.

30 Nov -0001

The present Interim Application No. 752 of 2024 was filed by the original plaintiffs, Ramnish Verma and Finesse Fashions Pvt. Ltd., in a pending Comme...

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