merits of the amendment sought. A party
seeking the amendment may ultimately succeed or fail on
the basis of the amendment is not the relevant ... amendment is
necessary, relevant and relate to the controversy involved in
the lis. Hon'ble Supreme Court by allowing the amendment
of the plaint
merits of the amendment sought. A party
seeking the amendment may ultimately succeed or fail on
the basis of the amendment is not the relevant ... amendment is
necessary, relevant and relate to the controversy involved in
the lis. Hon'ble Supreme Court by allowing the amendment
of the plaint
that the general principles
of amendment of the written statement are different from that applicable to
amendment of the plaint. However, the same does ... amendment sought by the appellant/plaintiff and remand the
suit for decision in accordance with law. Accordingly, the application for
amendment of plaint is allowed
Civil Procedure praying that he be
permitted to amend the plaint. The amendment(s) sought was the
deletion of paragraph 4 of the plaint (noted ... allegedly executed by Har Kaur Chopra in the
(second) application for amendment of plaint filed by him. In addition
thereto, the plaintiff sought
Civil Procedure Code (Amendment) Act, 1999
Section 16 of the Amendment Act reads as follows:
"16. Amendment of Order 6- in the First Schedule ... inconsistent pleas were raised. Amendment to written statement cannot be considered on the same principle as an amendment to the plaint. The pleas
Suit
No.361 of 2006, whereby, the said application
for amendment of the plaint, has been rejected.
3. The brief factual background of the case ... application under Order 6 Rule 17 of the CPC for
amendment in the plaint, by claiming the relief
of possession.
6. It is contended that
application under Order VII Rule 11 CPC
for rejection of the plaint. The amendment was allowed.
21. Therefore, the judgments which have been relied upon ... rejection of plaint for years together yet filing an
application for amendment of plaint when they know that they have
obtained stay order by filing
allowing IA
No.8419/2013 of the respondents / plaintiffs for amendment of the plaint.
Notice of the appeal was issued and vide ad interim order ... come in the way of the respondents / plaintiffs seeking amendment of
the plaint.
6. Thereafter the application for amendment of the plaint to incorporate
amendment of written statement, the Courts are inclined to be more liberal in
allowing amendment of the written statement than of plaint and question ... amendment is bona fide or mala fide. As general rule the court
should decline amendment if admission made in the pleadings particularly in the
plaint
would not amount to an amendment of the
plaint. Even when a plaint is amended, the amendment
relates back to the date of the suit ... amendment taking effect from the date of amendment
and of condoning the bar of limitation. If the amendment
of the plaint is allowed, the question
