filed on behalf of the defendant for seeking
amendment in the WS.
2. Amendment sought by the defendant on the ground that previous
counsel prepared ... Trial commence on
date issues are framed. Amendment of WS can not be allowed after
plaintiff has filed affidavit in lieu of examination in chief
defendants filed
under Order 6 Rule 17 CPC for amendment of their WS whereby the defendants
have sought replacement of para No.2 of preliminary ... receipt of the said notice in
the proposed amended WS. Vide a separate order, the amendment application
of the defendants has been dismissed.
17 Otherwise
2010,
appellant has taken the ground that amendment in WS is necessary as
respondent/landlord had already sold the tenanted premises to the
Rakesh Kumar
application U/o 6 Rule 17 CPC praying
for seeking amendment of the WS to the extent of making addition in
the preliminary issues ... pleas sought to
be taken by way of amendment in WS, have already been taken in
the WS, there does not seem
application of the defendant
under Order 6 rule 17 CPC seeking amendment of WS. Ld. Counsel
for the defendant has argued that subsequent ... filing of WS by the
defendant on 19.01.2011, the defendant has come to know that the
Govt. of India, Ministry of Commerce and Industries
Procedure, 1908 (hereinafter called as
`CPC'), remains very limited after the amendment Act 2002, w.e.f.
1.7.2002. Being the fourth court, in exercise ... grounds regarding the application of the Act 1995 without
seeking amendment to the pleadings (WS).
7. Pleadings and particulars are necessary to enable the court
challenge
G.O.Ms.No.213, MA&WS Department, dated 31.12.2003. But no such amendment
petition was forthcoming.
23.W.P.(MD)No.6922 ... WS Department, dated 31.12.2003.The
amendment proposed by the council reads as follows:
---------------------------------------------------------------
The rate at present As per the amendment
Recasting of seniority as per the amendment issued in G.O.(Ms)62 MA
& WS (TPI) Department, dated 18.04.2009, the petitioner's name
filed an application under order 6 rule 17
CPC on 6.4.10 for amendment of the written statement already filed by them to
incorporate therein ... transaction by way of elucidation and for this purpose further
amendment of the WS in the midst of the trial is unwarranted and, therefore,
learned
been stated by the Defendants in
their WS. The law provides a procedure for amendment of pleadings and if
there are any new facts which ... amendment, Order VI Rule 17 which confers
jurisdiction on the court to permit any alteration or amendment in the pleadings
implies the existence
