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1 - 9 of 9 (0.23 seconds)Union Of India & Ors vs Major General Madan Lal Yadav [Retd.] on 22 March, 1996
9. Although in a different context, a Three-Judge Bench of this Court in Union of India and others v. Major General Madal Lal Yadav (Retd) ([1996] 4 SCC 127) took note of the dictionary meaning of the terms 'trial' and 'commence' to opine:
Kailash vs Nanhku & Ors on 6 April, 2005
We may notice that in Ajendraprasadji N.Pandey and Another v. Swami Keshavprakeshdasji N. And Others ([2006] 12 SCC 1), this Court noticed the decision of this Court in Kailash (supra) to hold:
Ajendraprasadji N. Pande & Anr vs Swami Keshavprakeshdasji N. & Ors on 8 December, 2006
We may notice that in Ajendraprasadji N.Pandey and Another v. Swami Keshavprakeshdasji N. And Others ([2006] 12 SCC 1), this Court noticed the decision of this Court in Kailash (supra) to hold:
M/S. Revajeetu Builders & Developers vs M/S. Narayanaswamy & Sons & Ors on 9 October, 2009
In Revajeetu Builders & Developers vs. Narayanasamy & Sons & Others (2009) 10 SCC 84, this court once again considered the scope of amendment of pleadings. In para 63, it concluded as follows:
Article 227 in Constitution of India [Constitution]
Section 148 in The Code of Civil Procedure, 1908 [Entire Act]
Vidyabai & Ors vs Padmalatha & Anr on 12 December, 2008
A mere poring over and perusal of the aforesaid precedents would unambiguously and unequivocally highlight and spot light the fact that after the amendment of Order 6 Rule 17 of CPC vide Act 22 of 2002 (w.e.f. 1.7.2002) as a matter of course, plaintiff cannot be allowed to amend the plaint and that too after commencement of trial. Applying the dictum as found set out in Vidyabai's case, if the matter is viewed, it is quite obvious and axiomatic that already the trial got completed in full and thereafter judgment emerged, which resulted in filing of the appeal; and thereafter, appeal has been filed; in such a case, before the appellate forum when the I.A was filed, the appellate court was enjoined to look into special circumstances, if any, as per Order 6 Rule 17 of the Code of Civil Procedure.
The Code Of Civil Procedure (Amendment) Act, 2002
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