Search Results for "amendment of pleadings"

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Search Results for "amendment of pleadings"

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High Court

Bombay High Court Dismisses Petition Challenging Rejection of Amendment Application in Civil Suit — Amendment Sought to Introduce Declaration Regarding Will Was Not Necessary for Determining Controversy.

5 Jul 2019

The petitioner, Ms. Sheela Suresh Nimkar, filed a writ petition under Article 227 of the Constitution of India challenging an order dated 10 June 2015...

High Court

High Court of Karnataka Upholds Trial Court's Discretion in Rejecting Judgment on Admissions and Allowing Amendment of Written Statement in Property Suit. Court holds that admissions must be clear, unambiguous, and unequivocal for decree under Order XII Rule 6 CPC, and that amendment of pleadings under Section 151 CPC is permissible to clarify or add new facts.

5 Mar 2019

The case involves two writ petitions arising from a civil suit O.S. No. 1165/2009 pending before the XLIII Additional City Civil and Sessions Judge, B...

High Court

Bombay High Court Allows Impleadment of Beneficiaries in Trust Petition — Order 1 Rule 10 CPC Applies. Court holds that persons claiming beneficial interest under a trust are necessary and proper parties to a trust petition under Section 41A of the Presidency Small Cause Courts Act, 1882.

1 Mar 2019

The case involves a Chamber Summons filed by the petitioner, Harishchandra Amarnath Puri, in a Trust Petition (No. 1 of 2017) pending before the Bomba...

High Court

High Court of Karnataka Dismisses Writ Petition Challenging Rejection of Amendment Application in Disposed Appeal. Order 6 Rule 17 CPC cannot be invoked after disposal of appeal; Section 152 CPC is not available for amendment of pleadings.

7 Feb 2019

The petitioner, Smt. Suguna, was the plaintiff in O.S. No. 234/2006 on the file of the II Additional Senior Civil Judge, Bengaluru Rural District. The...

High Court

Bombay High Court Allows Amendment in Suit for Declaration of Ownership and Injunction — Rejection of Amendment Application Set Aside as Premature. The court held that amendments to pleadings should be liberally allowed under Order VI Rule 17 CPC unless they cause irreparable prejudice, and the trial court's rejection was premature as the amendment did not change the nature of the suit.

30 Nov 2012

The petitioners, Smt. Margarida F. Rodrigues and Shri Manuel Rodrigues, filed a suit for declaration of ownership and permanent injunction against the...

High Court

Bombay High Court Allows Defendant to Produce Documents in Civil Suit Despite Delay — Liberal Approach to Amendment of Pleadings Under Order 6 Rule 17 CPC. Pre-trial stage application for production of documents should be liberally allowed to avoid multiplicity of proceedings.

13 Apr 2005

The petitioner, M/s. HCL Ltd., was the defendant in Special Civil Suit No.222/93/III pending before the Additional Civil Judge, Senior Division, Marga...

High Court

Bombay High Court at Goa Dismisses Tenant's Petition to Withdraw Plea of Permanent Tenancy in Eviction Proceedings. Amendment Sought After 12 Years Held Barred by Laches and Lack of Bona Fides Under G.D.D. Buildings (L.R.E.) Act, 1968.

10 Feb 2005

The petitioner, a tenant, filed writ petitions under Article 227 of the Constitution challenging the order of the Rent Controller, Panaji, dated 23.7....

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 Allows Amendment to Include Specific Performance in Suit for Injunction — Limitation Period Computed from Notice of Refusal. The court held that the plaintiff had notice of refusal only after the period granted for performance expired, and the amendment was within limitation under Article 54 of the Limitation Act, 1963.

17 Jan 2005

The petitioner, original plaintiff, filed a suit on 6.3.1996 for an injunction restraining the respondents from obstructing his peaceful possession ov...

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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