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Search Results for "order vi rule 17"

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High Court

Bombay High Court Allows Amendment of Written Statement in Commercial Suit — Defendant No.4 Permitted to Amend Pleadings to Include Defence of Non-Maintainability Due to Lack of Cause of Action. Amendment Sought to Add Preliminary Objection That Suit Is Not Maintainable as No Cause of Action Arose Within Territorial Jurisdiction of the Court Under Section 16 of the Code of Civil Procedure, 1908.

6 Feb 2019

The judgment concerns a Chamber Summons filed by Defendant No.4 (Sahrish Constructions Private Limited) in a commercial suit (Suit No.932 of 2016) pen...

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 Landlord's Appeal Against Review Order Permitting Tenant to Amend Written Statement in Rent Suit. Amendment Sought After Trial Decree and After Rejection of Earlier Amendment Application, Not Allowed as It Would Circumvent Finality of Decree.

12 Oct 2012

The case arises from a suit for eviction filed by the landlord (appellants) against the tenant (respondents) for default in payment of rent from April...

High Court

Bombay High Court Allows Amendment of Plaint and Written Statement in Recovery Suits — Liberal Approach Under Order VI Rule 17 CPC. Amendments Sought to Bring Subsequent Events on Record Do Not Change Nature of Suit.

1 Aug 2012

The petitioner, M/s. Kalpvruksha Tub Well Company, through its proprietor Shantinath Janagonda Patil, filed two writ petitions challenging orders of t...

High Court

Bombay High Court Allows Amendment of Plaint in Specific Performance Suit Despite Commencement of Trial — Amendment Sought to Add Legal Submissions and Subsequent Event Under Order VI Rule 17 CPC. Court Holds That Amendments Based on Existing Facts and Subsequent Events Are Permissible Even After Trial Has Commenced, Subject to Due Diligence.

5 Mar 2012

The plaintiffs filed a Chamber Summons seeking amendment of the plaint in a suit for specific performance of an agreement, declaration that terminatio...

High Court

High Court of Bombay at Aurangabad Allows Writ Petition Challenging Amendment in Civil Suit — Amendment Sought After Trial Commenced Held Barred by Order VI Rule 17 CPC. The court set aside the trial court's order allowing amendment as the plaintiff failed to show due diligence as required under the proviso to Order VI Rule 17 of the Code of Civil Procedure, 1908.

20 Jan 2012

The petitioner, Kailas Shivling Jagtap, filed a writ petition challenging the order dated 4th March 2011 passed by the Civil Judge, Junior Division, K...

High Court

Bombay High Court Dismisses Petition Challenging Amendment in Specific Performance Suit. Amendment to incorporate subsequent events and additional reliefs was held permissible under Order VI Rule 17 CPC as it did not change the nature of the suit.

6 Jan 2012

The petitioner, original defendant No.5 in a suit for specific performance of agreements dated 19/4/1992 and 20/11/1992 concerning lands bearing Surve...

High Court

Bombay High Court Allows Amendment of Plaint in Permanent Injunction Suit — Delay Not a Ground for Rejection When No Prejudice Caused. Amendment sought to incorporate legal submissions based on written statement does not change nature of suit and must be liberally allowed under Order VI Rule 17 CPC.

19 Jul 2011

The petitioner, Narayan Madhavrao Pole, filed a Regular Civil Suit for permanent injunction claiming ownership and possession of agricultural field Su...

High Court

Bombay High Court Allows Amendment in Suit Under Section 6 of Specific Relief Act, 1963 — Delay Not a Bar When Amendment is Necessary for Effective Adjudication. The court held that an amendment to incorporate a prayer for possession and removal of encroachment in a suit under Section 6 of the Specific Relief Act, 1963 should be allowed liberally at the pre-trial stage.

14 Jul 2011

The petitioners, Gaimukh Deosthan (a private trust) through its occupants/managers, filed a writ petition under Articles 226 and 227 of the Constituti...

High Court

High Court of Bombay at Nagpur Quashes Appointment of Court Commissioner in Civil Suit — Violation of Order VI Rule 17 CPC as Application Filed After Trial Commenced Without Leave of Court

12 Jul 2011

The petitioners, original plaintiffs in Regular Civil Suit No.19/2002, filed a writ petition under Articles 226 and 227 of the Constitution of India c...

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