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Gujarat High Court Allows Amendment to Cure Defect in Authority to Sue in Summary Suit for Recovery. Board Resolution can be Filed at Any Stage to Ratify Filing of Suit by Director.

The petitioner, Patel Inn and Travels Private Limited, filed a summary civil suit against Bank of India for recovery of Rs. 3,99,736/- with interest. ...

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Gujarat High Court Dismisses Petition Challenging Rejection of Amendment Application in Civil Suit — Petitioner Failed to Show Due Diligence in Seeking Impleadment After 14 Years.

The petitioner, original plaintiff in Special Civil Suit No. 47 of 2010 pending before the 4th Senior Civil Court, Porbandar, filed a writ petition un...

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Madras High Court Allows Amendment in Suit for Declaration and Possession — Subsequent Construction by Defendants Constitutes Fresh Cause of Action. Amendment to Include Mandatory Injunction Not Barred by Limitation Under Order VI Rule 17 CPC.

The petitioner filed a suit for declaration and recovery of possession. During the pendency of the suit, the petitioner alleged that the defendants tr...

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Gujarat High Court Allows Amendment Application in Partition Suit — Holds That Adding Property and Changing Valuation Does Not Alter Nature of Suit. Amendment Under Order VI Rule 17 CPC Must Be Liberally Granted to Determine Real Controversy Between Parties.

The present petitions under Articles 226 and 227 of the Constitution of India were filed by the original plaintiffs (petitioners) challenging the orde...

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Bombay High Court at Goa Dismisses Petitions Challenging Refusal of Leave to Amend Written Statement in Vacation Suits. Defendants' Application for Amendment After Commencement of Trial Held Not Maintainable Under Order 6 Rule 17 CPC as No Satisfactory Reason for Delay Was Shown.

The Bombay High Court at Goa dismissed two writ petitions filed by the defendants in Special Civil Suit Nos.23/2010/B and 24/2010/B, challenging a com...

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Bombay High Court Dismisses Petition Challenging Amendment of Counter Claim in Property Suit — No Prejudice to Plaintiff Despite Delay. Amendment to Include Relief for Possession of Additional Area Held Not to Change Nature of Suit or Cause Irreparable Injury.

The petitioner, Radhakisan Agrawal, filed a writ petition under Articles 226 and 227 of the Constitution of India challenging an order dated 18.11.201...

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Bombay High Court Allows Amendment of Written Statement and Counter Claim in Suit Filed Before 2002 CPC Amendment. Order 6 Rule 17 as amended by 2002 Amendment Act does not apply to suits instituted before 1.7.2002.

The petitioner, Sumita Pradipkumar Dixit, challenged an order dated 29.8.2009 passed by the trial court in RC Suit No. 187/1999, which rejected her ap...