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Search Results for "order vi rule 17"

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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 Suit for Declaration and Injunction — Order VI Rule 17 CPC Amendment Permitted to Clarify Title and Boundaries. Pre-trial amendment allowed liberally as it did not change nature of suit and was necessary to determine real controversy between parties.

5 Dec 2025

The petitioner, Syed Shakeel Ahamed, filed a writ petition under Articles 226 and 227 of the Constitution of India challenging an order dated 21.11.20...

High Court

Bombay High Court Dismisses Decree Holder's Application to Implead Auction Purchaser in Execution Proceedings — Order VI Rule 17 CPC Application Rejected as Execution is Not a 'Trial' and Amendment Would Change Nature of Suit

1 Dec 2025

The petitioner, Sangli Zilla Parishad Employees Co-operative Credit Society Limited, had advanced a loan to respondent no.1, Ninaidevi Sahakari Sakhar...

High Court

High Court of Karnataka Allows Revision Petition in Trademark Infringement Suit — Sets Aside Trial Court Order Granting Leave to File Additional Written Statement. The court held that inherent powers under Section 151 CPC cannot be used to bypass specific procedural provisions, and allowing additional written statement after framing of issues would cause prejudice to the plaintiff.

7 Jun 2024

The petitioner, M/s BTV Kannada Private Limited, filed a civil revision petition under Section 115 CPC read with Article 215 of the Constitution of In...

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

Bombay High Court Allows Amendment of Written Statement to Correct Inadvertent Omissions in Civil Suit. Petitioners' Application for Amendment Under Order VI Rule 17 CPC Allowed as Omissions Were Formal and Did Not Change the Tenor of the Written Statement.

22 Aug 2016

The petitioners, defendants in Regular Civil Suit No. 168 of 2012, filed a writ petition challenging the order dated 12.08.2014 passed by the trial co...

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

High Court of Bombay Allows Amendment in Appeal Memo in Specific Performance Suit — Petitioner Granted Opportunity to Amend Despite Delay. Amendment of pleadings under Order VI Rule 17 CPC should be liberally allowed before trial to determine real controversy, and rejection on ground of delay is not justified if no prejudice is caused.

16 Feb 2015

The petitioner, Shamrao Balwantrao Kedar, filed a writ petition challenging the order dated 8-10-2014 passed by the Learned District Judge-4, Nashik, ...

High Court

Bombay High Court Dismisses Writ Petition Challenging Rejection of Amendment of Plaint in Suit for Specific Performance. Amendment Seeking to Change Suit from Specific Performance to Declaration of Title and Possession Held Impermissible as It Introduces Inconsistent Case and Is Barred by Limitation.

30 Nov -0001

The petitioners, original plaintiffs, filed a suit for specific performance of an agreement to sell dated 01.08.1994 executed by the predecessor-in-ti...

High Court

Bombay High Court Allows Amendment of Plaint in Commercial Suit for Recovery of Demurrage and Other Charges — Amendment Sought to Include Additional Claims and Correct Description of Vessel. Court Held That Amendment Does Not Introduce New Cause of Action and Is Necessary for Determination of Real Controversy.

30 Nov -0001

The present application was filed by the plaintiff, Indian Oil Corporation Limited, seeking amendment of the plaint in a commercial suit for recovery ...

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