Comments Off on Amendment of Pleadings—Incorporation of additional facts to seek eviction–Even though application has been filed after 5 years of filing petition but no evidence has been led—Order allowing amendment upheld.
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.
Comments Off on 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
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.