Search Results for "order vi rule 17"

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Search Results for "order vi rule 17"

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High Court

Bombay High Court Allows Amendment and Recasting of Issues in Property Suit — Petitioner Granted Opportunity to Amend Plaint and Add Relief of Possession Under Order VI Rule 17 CPC. Trial Court's Rejection of Amendment and Recasting of Issue Set Aside as Premature and Contrary to Law.

10 Sep 2018

The petitioner, Archana Ashok Amburle, filed a Regular Civil Suit No.6 of 2012 before the Civil Judge, Junior Division, Dapoli, seeking a mandatory in...

High Court

Bombay High Court Dismisses Petition Challenging Amendment of Plaint in Specific Performance Suit. Amendment Allowed Under Order VI Rule 17 CPC as No Prejudice Caused to Defendants.

30 Aug 2018

The petitioners, Amartya Deshmukh (minor) and Haribhau Deshmukh, filed a writ petition challenging the order dated 07-01-2017 passed by the learned Di...

High Court

Bombay High Court Dismisses Petition Challenging Amendment in Specific Performance Suit. Amendment to incorporate alternate relief of compensation under Section 21 of Specific Relief Act, 1963 allowed despite limitation concerns.

15 Mar 2018

The respondent (original plaintiff) filed a suit for specific performance of an agreement dated 15-9-2007 against the petitioner (original defendant)....

High Court

Bombay High Court Allows Plaintiff's Amendment Application in Suit Against Municipal Corporation for Declaration of Ownership and Injunction — Trial Court Erred in Rejecting Amendment as Time-Barred Under Order VI Rule 17 CPC. The court held that the question of limitation is a mixed question of law and fact and cannot be decided at the stage of amendment, and that the trial had not commenced as evidence was not yet led.

29 Nov 2017

The petitioner, Nitesh Suresh Jain, original plaintiff, filed Special Civil Suit No. 73 of 2014 against the Jalgaon City Municipal Corporation seeking...

High Court

Bombay High Court Dismisses Petition Challenging Rejection of Amendment Application in Matrimonial Dispute. Amendment Sought After Commencement of Trial Without Showing Due Diligence Under Order VI Rule 17 CPC.

12 Oct 2017

The petitioner, Sou. Chabutai Ulhas Rumale, filed a writ petition challenging the order dated 11.2.2015 passed by the Family Court, Kolhapur in Petiti...

High Court

Bombay High Court Allows Amendment of Written Statement Despite Commencement of Trial in Small Causes Suit — Due Diligence Requirement Under Order VI Rule 17 CPC Satisfied. The court held that the amendment was necessary for determining the real controversy and that the opposite party could be compensated by costs, thereby setting aside the orders of the Trial Court and Revisional Authority.

30 Jun 2017

The case arises from a civil suit filed by Respondent No.1 (Plaintiff) in the Small Causes Court, Pune, being Civil Suit No.371 of 2013, seeking relie...

High Court

Bombay High Court Allows Amendment of Written Statement Despite Commencement of Trial in Small Causes Suit — Due Diligence Requirement Under Order VI Rule 17 CPC Satisfied. The court held that the amendment was necessary to decide the real controversy and that the defendants had shown due diligence as the need for amendment arose from the plaintiff's evidence.

30 Jun 2017

The petitioners, who were defendant nos. 2 and 3 in a suit before the Small Causes Court, Pune, filed a writ petition under Article 227 of the Constit...

High Court

Bombay High Court Dismisses Amendment Application in Arbitration Challenge Due to Delay and Lack of Diligence. Petitioner Failed to Explain 17-Month Delay in Seeking to Add New Ground Under Section 34 of Arbitration and Conciliation Act, 1996.

31 Jan 2017

The Petitioner, Zee Sports Limited (now Zee Digital Convergence Ltd.), filed a Chamber Summons seeking amendment to its Arbitration Petition under Sec...

High Court

Bombay High Court Dismisses Appeal in Partition Suit — Upholds Trial Court's Refusal to Amend Plaint After 14 Years. Amendment Sought to Introduce New Case of Fraud and Collusion Rejected as Barred by Limitation and Laches.

30 Nov 2010

The appeal arose from a suit for partition and declaration filed by the appellant, Minakshi Mahendra Pitroda, against the respondents. The suit proper...

High Court

Bombay High Court Allows Amendment to Plaint in Suit Against Deputy Salt Commissioner and Union of India. Amendment seeking to add claim for damages for demolition of structure is not barred by limitation as it arises from the same cause of action.

30 Nov -0001

The plaintiff, Vikas Kamalakar Walawalkar, filed Suit No.1172 of 2005 against the Deputy Salt Commissioner, Union of India, and Mumbai Municipal Corpo...

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