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 Allows Amendment of Written Statement in Civil Suit — Liberal Approach to Pleadings Under Order 6 Rule 17 CPC. The court held that an amendment to amplify an existing plea should be liberally allowed before trial, and the due diligence requirement is not an absolute bar.

19 Oct 2012

The petitioner, Shri Cesar Augusto do Rego Fernandes, filed a writ petition challenging an order of the Civil Judge, Junior Division at Panaji, which ...

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

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 Written Statement in Commercial Suit, Rejecting Limitation Bar Under Article 137. Article 137 of Limitation Act, 1963 Held Inapplicable to Applications for Amendment of Pleadings, Allowing Defendants to Elaborate Existing Defences.

7 Dec 2011

The case involves a Chamber Summons taken out by defendant nos. 1, 2, 4, and 5 in Suit No. 2256 of 1998 pending before the Bombay High Court. The defe...

High Court

Bombay High Court Allows Amendment of Written Statement to Cure Signature and Verification Defect — Procedural Rules Subserve Justice. Defect in signature and verification of written statement by some defendants can be cured at appellate stage under Order 6 Rule 17 CPC as no prejudice caused.

23 Nov 2011

The petitioners, original plaintiffs in Special Civil Suit No.294 of 2002, filed a suit for specific performance of contract against the respondents. ...

High Court

High Court of Bombay at Goa Allows Amendment of Written Statement in Civil Suit — Facts Discovered During Appeal Constitute Sufficient Cause for Amendment Under Order VI Rule 17 CPC. The court held that the trial court erred in rejecting the amendment application on the ground of prior knowledge, as the facts came to light only during the appeal and were necessary for deciding the real controversy.

7 Oct 2011

The petitioner, Piedade Fernandes, filed a writ petition challenging the order dated 15.02.2011 passed by the learned Additional District Judge, Fast ...

High Court

Bombay High Court Dismisses Wife's Challenge to Amendment Allowing Husband to Add Subsequent Cruelty Facts in Divorce Petition. Amendment Application Under Order 6 Rule 17 CPC Upheld as No Prejudice Caused to Wife.

8 Aug 2011

The petitioner wife challenged an order dated 7/3/2011 passed by the Principal Judge, Family Court, Nagpur, allowing the amendment application (Exh. 2...

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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