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High Court of Karnataka Allows Writ Petition Quashing Trial Court Order on Substitution Under Order 22 Rule 10 CPC — Cause Title Amendment Directed. The petition was identical to a previously decided case, and the court applied the same reasoning to allow substitution and amendment of cause title.

The petitioner, Sri Balaji Katta N., filed a writ petition under Articles 226 and 227 of the Constitution of India challenging an order dated 25.03.20...

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Supreme Court Allows Appellant in Amendment of Plaint to Add Alternative Claim Despite Limitation Bar. All necessary facts already pleaded; interest of justice warranted amendment under Order VI Rule 17 of Code of Civil Procedure, 1908.

The dispute arose from a commercial transaction where the appellants, L. J. Leach and Company Ltd., filed a suit for damages against the respondents, ...

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Bombay High Court Partially Dismisses Petition Challenging Rejection of Amendment in Partition Suit — Amendment Sought After Commencement of Trial Disallowed as It Would Change Nature of Suit Under Order VI Rule 17 CPC

The petitioner, Raju Danchand Bardia, filed a writ petition under Article 227 of the Constitution of India challenging an order dated 13th October 202...

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High Court of Karnataka Allows Amendment of Written Statement in Property Suit — Liberal Approach to Pre-Trial Amendments Under Order 6 Rule 17 CPC. Defendant's Application to Deny Genealogy Allowed as Necessary for Real Controversy, Despite Earlier Admission.

The petitioner, who was the 1st defendant in O.S. No. 45/2011 pending before the Senior Civil Judge & JMFC, Mudhol, filed a writ petition under Articl...

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Bombay High Court Allows Amendment of Plaint in Property Suit Under Order 6 Rule 17 CPC — No Prejudice to Defendants as Trial Not Commenced. Amendment sought to convert suit from injunction to partition is permissible when no evidence has been led and no vested right is affected.

The petitioners, original defendants in Regular Civil Suit No.60 of 1988, challenged the order of the Ad-hoc District Judge-8, Pune dated 10/01/2020, ...

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Bombay High Court Dismisses Petition Challenging Amendment of Plaint in Eviction Suit. Amendment to Clarify Property Description Allowed Under Order VI Rule 17 CPC as No Prejudice Caused to Tenant.

The petitioner, M/s K.T. Kubal & Company, was a tenant in a building owned by the respondent, Mujibur Rehman Haji Israr Alam Siddiqui. The respondent ...

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Bombay High Court Allows Amendment in Plaint to Include Relief Against Transferee Pendente Lite in Property Dispute. Transfer of Property Act Section 52 Applies to Bind Transferee Pendente Lite by Decree.

The petitioners filed Regular Civil Suit No.742 of 1996 seeking declaration and permanent mandatory injunction against the respondents regarding suit ...