Search Results for "Change in nature of suit"

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Search Results for "Change in nature of suit"

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High Court

High Court of Karnataka Allows Amendment of Plaint in Property Dispute - Petitioner/Plaintiff Permitted to Amend Plaint to Include Alternative Relief Based on Court Commissioner's Report. Amendment Sought After Evidence and Commissioner's Report Held Not to Change Nature of Suit or Cause Prejudice to Defendant.

10 Jul 2020

The petitioner/plaintiff filed a suit for declaration and permanent injunction in respect of suit schedule property, alleging that the defendant/respo...

Supreme Court

Supreme Court Dismisses Appeal Against Rejection of Amendment Application in Partition Suit — Belated and Mala Fide Amendment Sought After Trial Concluded. The Court held that an amendment under Order VI Rule 17 CPC after trial commenced requires proof of due diligence, and the proposed amendment would change the nature of the suit and cause prejudice.

14 Feb 2019

The appellant, M. Revanna, was Plaintiff No. 1 in a suit for partition and separate possession of joint family properties filed in 1993. The suit was ...

High Court

High Court of Bombay at Goa Quashes Amendment Order in Civil Suit — Amendment Sought Changed Nature of Suit and Was Barred by Limitation. Order 6 Rule 17 CPC amendment cannot be allowed if it introduces a new case beyond limitation period and alters the character of the suit.

3 Mar 2016

The petitioners, Fr. Ralin De Souza and Ashley Do Rosario, filed a writ petition challenging an order dated 26.02.2016 passed by the learned Civil Jud...

High Court

Bombay High Court Allows Amendment of Written Statement in Civil Suit — Liberal Approach to Pleadings Upheld. Amendment sought to incorporate additional facts regarding possession and title, not changing the nature of the suit, allowed with costs.

12 Jun 2014

The petitioners, who were defendants in Regular Civil Suit No.667 of 2009 pending before the 5th Joint Civil Judge Junior Division, Akola, challenged ...

High Court

Bombay High Court Allows Amendment of Plaint in Property Dispute Between Siblings. Court holds that amendment seeking to add alternative claim for partition and separate possession does not change the nature of the suit and is necessary for effective adjudication.

11 Apr 2014

The petitioners, Barkatali Abdul Razzak Kazi, Noorjahan Gafoor Shijwalkar, and Aishabi Jabbar Thakur, filed a writ petition in the Bombay High Court c...

High Court

High Court of Bombay at Goa Allows Amendment of Counter Claim in Property Dispute — Amendment Sought to Amplify Existing Plea, Not Change Nature of Suit. The court held that the trial court erred in rejecting the amendment application without specifying how the character of the suit would change, and that the bar under Order 8 Rule 6A CPC applies only to filing a counter claim after written statement, not to amendments.

21 Jun 2013

The petitioners, Joao Felicio Rodrigues and Querobina Mildred Rodrigues, filed a writ petition challenging an order dated 9 January 2013 passed by the...

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

Bombay High Court Allows Amendment to Plaint in Property Dispute Due to Subsequent Dispossession. Amendment Based on Events After Issues Framed Is Permissible Under Order 6 Rule 17 CPC Despite Delay.

7 Feb 2012

The petitioner, Dela Gurudal Vanjari, filed a suit in 2005 seeking a declaration that a mutation entry was illegal and for an injunction against the r...

High Court

Bombay High Court Allows Amendment of Plaint in Lease Dispute — Petitioner Seeks to Bring Subsequent Events on Record. Amendment Sought to Include Facts Regarding Dispossession After Filing of Suit, Held That Amendment Should Be Allowed as It Does Not Change Nature of Suit.

12 Oct 2006

The petitioner, Mohan s/o Maluram Agrawal, filed a suit for mandatory injunction against the respondents, Smt. Kaladevi wd/o Sawarmal Agrawal and Pras...

High Court

Bombay High Court Dismisses Civil Revision Application in Trust Membership Dispute — Upholds Trial Court's Refusal to Amend Plaint After Issues Were Framed. Amendment Sought to Add New Grounds of Challenge Against Trust Elections Was Barred by Delay and Would Change the Nature of the Suit Under Order 6 Rule 17 CPC.

26 Jul 2005

The case arises from a civil revision application filed by the original plaintiffs (applicants) against the rejection of their application for amendme...

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