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Search Results for "order vi rule 17"

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High Court

Bombay High Court Allows Amendment to Plaint in Eviction Suit by Parsi Punchayet Trustees, Reversing Appellate Order. The court held that alternative and inconsistent pleas are permissible under Order VI Rule 17 CPC to avoid multiple lawsuits, provided no prejudice is caused to the defendants.

9 Oct 2024

The Bombay High Court ruled in favor of the Trustees of the Funds and Properties of the Parsi Punchayet, allowing an amendment to their plaint in an e...

Supreme Court

Supreme Court Allows Amendment of Plaint in Partition Suit — Upholds High Court Order Permitting Challenge to Will and Inclusion of Movable Properties. Amendment Sought Before Commencement of Cross-Examination Held Not Barred by Proviso to Order VI Rule 17 CPC.

20 Sep 2024

The dispute arises out of a partition suit filed by Suman Agarwal (Bindal) against her brothers Dinesh Goyal and others, claiming 1/5th share in a hou...

High Court

Bombay High Court Dismisses Landlord's Challenge to Amendment in Tenancy Declaratory Suit — Allows Impleadment of Legal Heirs and Alternative Plea Under Section 7(15)(d) of Maharashtra Rent Control Act. The Court held that the amendment did not introduce a new case and that the proposed defendants were necessary parties for effective adjudication of tenancy rights.

19 Jun 2024

The present Writ Petition was filed by the landlord (Petitioner No.1 - Club) challenging the order dated 1 August 2019 passed by the Court of Small Ca...

High Court

High Court of Karnataka Dismisses Petitions Challenging Trial Court Orders on Amendment of Written Statement and Impleading Applications in Property Suits. Upholds Liberal Approach to Amendments Under Order VI Rule 17 CPC and Impleadment Under Order I Rule 10 CPC, Refusing to Interfere Under Article 227.

20 Nov 2019

The judgment arises from three writ petitions filed under Article 227 of the Constitution of India challenging orders passed by the V Additional City ...

High Court

High Court of Karnataka Dismisses Plaintiff's Petition for Judgment on Admissions and Allows Defendant's Petition Against Amendment of Plaint in Suit for Specific Performance. Court holds that admissions must be clear, unambiguous, and unequivocal for judgment under Order XII Rule 6 CPC, and that amendment of plaint cannot be allowed after commencement of trial to change the nature of the suit.

5 Mar 2019

The judgment arises from two writ petitions filed against a common order dated 11.02.2014 passed by the XLIII Additional City Civil and Sessions Judge...

High Court

Bombay High Court Dismisses Writ Petition Challenging Rejection of Amendment Application in Partition Suit. Amendment Sought After Commencement of Trial Not Allowed Under Order VI Rule 17 CPC Due to Lack of Due Diligence.

22 Dec 2018

The petitioners, Hemlata Harish Bhatia and Bharat Vallabhdas Bhatia, filed a suit for partition in 2004 against the respondents, Vallabhdas Lalchand D...

High Court

High Court Allows Amendment of Plaint Despite Rejection of Temporary Injunction — Amendment Not Barred by Failure to Challenge Interlocutory Order. The right to amend pleadings under Order VI Rule 17 CPC is independent of any earlier order and necessary for effective adjudication of subsequent events.

16 Aug 2018

The petitioner, as plaintiff, filed a suit for perpetual injunction against the respondents/defendants regarding a wall on the southern side of the sc...

High Court

High Court of Karnataka Allows Amendment of Plaint in Partition Suit Under Order VI Rule 17 CPC — Rejection of Amendment on Grounds of Delay and Change of Nature of Suit Set Aside. The court held that amendments should be liberally allowed to determine the real controversy, and delay alone is not a ground for rejection unless it causes irreparable prejudice.

17 Apr 2018

The petitioner, defendant No.1 in the original suit, challenged the order dated 15.07.2013 passed by the II Additional Senior Civil Judge, Mangalore, ...

High Court

Bombay High Court Allows Amendment of Plaint in Eviction Suit Despite Concluded Evidence — Due Diligence Requirement Satisfied. The Court upheld the Trial Court's order permitting amendment under Order VI Rule 17 CPC as the plaintiff had no prior knowledge of the defendant's directorships and the amendment was necessary to determine comparative hardship.

13 Sep 2017

The petitioner, Vinod Gopalan Puthanpure, challenged an order dated 21/06/2017 passed by the Trial Court in R.C.S. No. 186/2010, which allowed the res...

High Court

Bombay High Court Allows Amendment of Plaint in Specific Performance Suit — No New Cause of Action Introduced. Correction of property description in plaint to match agreement for sale held permissible under Order VI Rule 17 CPC as it does not change the nature of the suit.

8 Sep 2017

The petitioners, original plaintiffs in Special Civil Suit No.1324/2017, filed a suit for specific performance of an agreement for sale of immovable p...

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