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Search Results for "Commencement of trial"

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High Court

Bombay High Court Allows Amendment of Plaint in Suit for Declaration and Injunction — Applicant Seeks to Add Averments Regarding Will and Tenancy Rights. Amendment Sought After Commencement of Trial but Before Completion of Evidence — Court Holds That Amendments Necessary for Determining Real Controversy May Be Allowed Even After Trial Has Commenced, Subject to No Prejudice to Opposite Party.

28 Jan 2026

The applicant, Ashok Gupta, filed an Interim Application (IA) in a pending suit seeking amendments to the plaint. The suit was filed for declaration a...

High Court

High Court of Karnataka Allows Amendment of Plaint in Civil Suit — Due Diligence Test Under Order 6 Rule 17 CPC Not Applicable Before Commencement of Trial. Trial Court Erred in Rejecting Amendment Application on Ground of Lack of Due Diligence When Trial Had Not Commenced.

16 Dec 2025

The petitioners, plaintiffs in a civil suit (O.S. No. 188/2015) pending before the Additional Civil Judge and JMFC, Hungund, filed an application (IA ...

High Court

Bombay High Court Dismisses Petition Challenging Rejection of Amendment Application in Civil Suit — Amendment Sought After Trial Commenced Without Showing Due Diligence. Order VI Rule 17 CPC Proviso Bars Amendment After Trial Commences Unless Due Diligence is Shown.

22 Feb 2016

The petitioner, Chandrashekhar Pandurang Tumsare, was the defendant in a civil suit. He filed an application under Order VI Rule 17 of the Code of Civ...

High Court

Bombay High Court Allows Amendment of Written Statement Despite Trial Commencement — Liberal Approach Under Order 6 Rule 17 CPC. Amendment Sought to Incorporate Alternative Plea of Ownership Based on Adverse Possession Not Barred by Delay or Lack of Due Diligence.

22 Oct 2013

The petitioners, who were defendants in Regular Civil Suit No. 242/2007, filed an application (Exh. 42) for amendment of their written statement. The ...

High Court

Bombay High Court Allows Amendment in Suit for Specific Performance After Trial Commenced — Amendment Sought After Cross-Examination of Plaintiff's Witness Held Not Barred by Proviso to Order VI Rule 17 CPC as Trial Had Not Concluded and Amendment Was Necessary for Determining Real Controversy

25 Sep 2013

The petitioner, Walchandnagar Industries Limited, the original defendant No.1, challenged an order dated 28-11-2012 passed by the learned Civil Judge,...

High Court

Bombay High Court Dismisses Petition Challenging Amendment of Written Statement to Include Counterclaim in Specific Performance Suit. Amendment Allowed as Trial Not Commenced and No Prejudice Caused to Plaintiffs Under Order VI Rule 17 CPC.

30 Aug 2013

The petitioners, original plaintiffs, filed Regular Civil Suit No.135 of 2007 seeking specific performance of an agreement dated 9.3.1998 and claimed ...

High Court

Bombay High Court Allows Amendment of Plaint in Specific Performance Suit Despite Commencement of Trial — Amendment Sought to Add Legal Submissions and Subsequent Event Under Order VI Rule 17 CPC. Court Holds That Amendments Based on Existing Facts and Subsequent Events Are Permissible Even After Trial Has Commenced, Subject to Due Diligence.

5 Mar 2012

The plaintiffs filed a Chamber Summons seeking amendment of the plaint in a suit for specific performance of an agreement, declaration that terminatio...

High Court

High Court of Bombay at Aurangabad Allows Writ Petition Challenging Amendment in Civil Suit — Amendment Sought After Trial Commenced Held Barred by Order VI Rule 17 CPC. The court set aside the trial court's order allowing amendment as the plaintiff failed to show due diligence as required under the proviso to Order VI Rule 17 of the Code of Civil Procedure, 1908.

20 Jan 2012

The petitioner, Kailas Shivling Jagtap, filed a writ petition challenging the order dated 4th March 2011 passed by the Civil Judge, Junior Division, K...

High Court

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.

28 Jun 2011

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...

High Court

Bombay High Court Dismisses Petition Challenging Amendment of Plaint in Possession Suit — Alternate Plea of Revocable License Allowed Under Order VI Rule 17 CPC. Amendment Permitted Despite Proviso as Trial Had Not Commenced and No Prejudice Caused.

4 May 2011

The petitioner, Garware-Wall Ropes Ltd., the original defendant, challenged an order dated 13/01/2011 passed by the trial court allowing the responden...

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