November 2017

Amendment of Pleadings— Detailed order either declining or allowing the application should be passed—There has to be adherence to the civil procedure code

By | November 25th, 2017|Amendment of Plaint|

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Civil Procedure Code, 1908, O.6 R.17–Amendment of Pleadings-Belated Stage-Application filed at stage of rebuttal evidence to incorporate subsequent events during pendency of trial

By | November 13th, 2017|Amendment of Plaint|

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Civil Procedure Code, 1908, O.6 R.17–Amendment of Pleadings-Application was allowed without recording any finding as to how the amendment was necessary for just decision of the controversy

By | November 7th, 2017|Amendment of Plaint|

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October 2017

Amendment of Pleadings-Petitioner wanted to add one or more number of property in a suit for claiming of ownership over suit property on basis of adverse possession

By | October 19th, 2017|Amendment of Plaint|

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Amendmentof Plaint- Impleadment of Necessary Party—Subsequent transferees-Most of the transfers were made during the pendency of the suit–These facts could not be in the knowledge of the plaintiff

By | October 17th, 2017|Amendment of Plaint|

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August 2017

July 2017

June 2017

Civil Procedure Code, 1908, O.6 R.17–Amendment of Plaint-While allowing the application for amendment, stage of the suit has to be seen–Since the suit is at the stage of the plaintiffs’ evidence, no pre judice would be caused

By | June 27th, 2017|Amendment of Plaint|

Comments Off on Civil Procedure Code, 1908, O.6 R.17–Amendment of Plaint-While allowing the application for amendment, stage of the suit has to be seen–Since the suit is at the stage of the plaintiffs’ evidence, no pre judice would be caused

Eviction—Amendment of Pleadings—Landlord would be well within his right to get the petition filed u/s 13-B amended to one under S.13(3) on ground of personal necessity.

By | June 2nd, 2017|Amendment of Plaint, Punjab Rent Act|

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May 2017

Typographical Error—Clerical mistake can be corrected by the Court even after passing of judgment and decree—It can be corrected even during pendency of the appeal—The stage of the proceedings is not relevant.

By | May 25th, 2017|Amendment of Plaint|

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East Punjab Urban Rent Restriction Act, 1949, S.13—Eviction-Amendment of Pleading-Petition was initially filed by trust through attorney holder-

By | May 19th, 2017|Amendment of Plaint|

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Impleading the vendee as defendant-Since the suit was at the very initial stage, evidence was yet to start and no delay was being caused-Neither the nature of suit was going to be changed nor any prejudice was likely to be caused to the defendant-Amendment allowed.

By | May 3rd, 2017|Amendment of Plaint|

Comments Off on Impleading the vendee as defendant-Since the suit was at the very initial stage, evidence was yet to start and no delay was being caused-Neither the nature of suit was going to be changed nor any prejudice was likely to be caused to the defendant-Amendment allowed.

Civil Procedure Code, 1908, O.6 R.17–Amendment of Pleadings–By virtue of amendment, party cannot be allowed to get out of his admission and the amendment should be bona fide in nature.

By | May 3rd, 2017|Amendment of Plaint|

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March 2017

Civil Procedure Code, 1908O.6 R.17–Amendment of petition/complaint-Court dealing with peti­tion/complaint filed under Domestic Violence Act has power to allow amendment to petitioner/complaint filed; by entertaining petition under O.6R.17CPC

By | March 30th, 2017|Amendment of Plaint, Domestic Violence|

Comments Off on Civil Procedure Code, 1908O.6 R.17–Amendment of petition/complaint-Court dealing with peti­tion/complaint filed under Domestic Violence Act has power to allow amendment to petitioner/complaint filed; by entertaining petition under O.6R.17CPC