Comments Off on 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
Comments Off on Civil Procedure Code, 1908, O.6 R.17–Amendment of Pleadings–If the applicants were only seeking to clarify the either stand then such amendment could be allowed even by taking inconsistent pleas of substituted and alternative defence
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
Comments Off on 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.
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.
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
Comments Off on Eviction—Amendment of Pleadings—If during this pendency of litigation, the tenant has further materially altered the premises, landlord should be allowed to amend pleadings accordingly.
Comments Off on Amendment of Plaint—The mere fact that High Court framed an additional issue qua question of limitation is not sufficient to give a right to the petitioner/ plaintiff to seek amendment of the plaint.