January 2018

December 2017

Amendment of Pleadings—Admission—Party cannot be allowed to get out of his admission which has already come on record.

By | December 28th, 2017|Amendment of Plaint|

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Rate of rent is not a matter in issue to be decided in the present suit-Only such amendments shall be allowed which may be necessary for the purpose of determining the real questions in controversy between the parties–Order disallowing amendment upheld.

By | December 28th, 2017|Amendment of Plaint|

Comments Off on Rate of rent is not a matter in issue to be decided in the present suit-Only such amendments shall be allowed which may be necessary for the purpose of determining the real questions in controversy between the parties–Order disallowing amendment upheld.

Amendment of Plaint—The merits of the amendment sought to be incorporated by way of amendment are not to be adjudged at the stage of allowing the prayer of amendment.

By | December 14th, 2017|Amendment of Plaint|

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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|

Comments Off on 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

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|

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

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|

Comments Off on 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.

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|

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.

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.