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1 - 6 of 6 (0.26 seconds)Section 151 in The Code of Civil Procedure, 1908 [Entire Act]
Article 227 in Constitution of India [Constitution]
Section 11 in Andhra Pradesh Court-fees and Suits Valuation Act, 1956 [Entire Act]
J.Samuel & Ors vs Gattu Mhesh & Ors on 16 January, 2012
If within the time allowed,
the subject matter of the suit is not valued in accordance with the
Court's decision or if the deficit fee is not paid, the plaint shall be
rejected and the Court shall pass such order as it deems just
regarding costs of the suit. Therefore, no specific plea is required
to be raised by these petitioners by amending the written
statement at this stage of adducing defendants' evidence i.e., after
commencement of trial. Apart from that, there is a clear interdict
to claim such relief in view of bar to Order VI Rule 17 C.P.C., which
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prohibits entertaining an application under Order VI Rule 17
C.P.C. to amend the pleadings, unless, the petitioner satisfies the
Court that the petitioner exercised due diligence but failed to bring
those facts on record. What is due diligence is defined by the Apex
Court in between J.Samuel & Others vs. Gattu Mahesh & Others
in Civil Appeal No.561 of 2012.
Bharat Petroleum Corporation Ltd. vs Precious Finance Investment Pvt. Ltd. on 20 October, 2006
Due diligence is also defined in
between Bharat Petroleum Corporation Vs. Precious Finance
Investment Private Limited1 In the first judgment, the Supreme
Court, while dealing with an application under Order VI Rule 17
C.P.C. for amendment of the plaint, allowed the Civil Appeal
holding that the respondents therein have not exercised due
diligence. Even in the absence of any such plea, the Court is
under an obligation to decide the appropriate Court fee under
Section 11 of the Act and therefore, the proposed amendment is
not necessary for deciding the real controversy. Hence, this
petition is liable to be dismissed.
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