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 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 Quashes Amendment Order in Partition Suit for Lack of Due Diligence — Amendment Sought After Trial Concluded and Final Arguments Commenced, Allowing Addition of 12 Properties and 19 Defendants, Held to Be an Abuse of Process Under Order VI Rule 17 CPC.

7 Aug 2024

The petitioner, Dashrath Shiva Korlekar, legal heir of original Defendant No. 1 (Defendant No. 1C), challenged the order dated 22.02.2024 passed by th...

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 Writ Petition Challenging Rejection of Amendment Application in Disposed Appeal. Amendment application under Order 6 Rule 17 read with Section 152 CPC filed after disposal of appeal is not maintainable as the court becomes functus officio.

7 Feb 2019

The petitioner, Smt. Suguna, was the plaintiff in O.S. No. 234/2006 on the file of the II Additional Senior Civil Judge, Bengaluru Rural District. The...

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 of Karnataka Allows Amendment of Written Statement in SFC Act Recovery Proceedings — Petitioner Allowed to Raise Additional Defence of Limitation and Discharge. Pre-trial amendment under Order VI Rule 17 CPC should be liberally allowed as no prejudice is caused to the opposite party that cannot be compensated by costs.

29 May 2017

The petitioner, Suryakant M. Bichkunde, filed a writ petition under Articles 226 and 227 of the Constitution of India challenging the order dated 21.0...

High Court

High Court of Karnataka Allows Amendment of Plaint in Civil Suit for Permanent Injunction to Include Alternative Relief of Specific Performance. Pre-trial amendment under Order 6 Rule 17 CPC should be liberally allowed if no prejudice is caused to the opposite party.

18 Jan 2017

The petitioner, Shri Bhramappa S/o Parappa Savadi, filed a writ petition under Articles 226 and 227 of the Constitution of India challenging the order...

High Court

High Court of Karnataka Dismisses Petition Challenging Rejection of Amendment Application in Partition Suit — Amendment Sought to Introduce New Case After Evidence Closed, Held Not Permissible Under Order VI Rule 17 CPC.

23 Sep 2016

The petitioner, Mahadevappa S/o Irappa Hudedamani, filed a writ petition under Articles 226 and 227 of the Constitution of India challenging an order ...

High Court

High Court of Karnataka Quashes Land Tribunal Order for Violation of Natural Justice in Occupancy Rights Claim. Failure to Consider Amendment Application and Provide Opportunity to Lead Evidence Renders Order Illegal.

4 Feb 2016

The petitioners, legal heirs of late Narayan Nagappa Naik, filed a writ petition under Articles 226 and 227 of the Constitution of India seeking a wri...

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