plaintiff in the suit, under Order VI Rule 17 of the
Code of Civil Procedure , 1908 ( CPC ), seeking to amend the suit.
Facts ... engrafted in the proviso to
Order VI Rule 17 applies, inexorably and absolutely.
22. Analysing Order VI Rule 17, the Supreme Court, in Rajkumar
Gurawara
aforesaid order, plaintiff's
applications under Order VI Rule 17 and Order VII Rule
14 (3) CPC have been allowed.
Plaintiff filed ... impugned order did not address
upon the sustainability of the application in the light of
proviso to Order VI Rule 17 of CPC
said application the Respondents filed another application
under Order VI Rule 17 CPC seeking withdrawal of the claim in the petition ... dismissed vide order dated 27th March, 2014 whereafter the
Respondents filed the first application under Order VI Rule 17 CPC on 2nd
July
orders under
Order XII Rule 6 of CPC , till the disposal of the application under Order
VI Rule 17 of CPC ... Order IX
Rule 7 of CPC inasmuch as Order IX Rule 7 refers to a "hearing",
whereas Order VI Rule 17
under
Order VI Rule 17 CPC as it stands amended vide Civil Procedure Code
(Amendment Act ), 2002. The provision to Order VI Rule ... civil Procedure Code (Amendment) Act, 2002
(Act 22 of 2002), the Parliament inter alia inserted a proviso to
Order VI Rule 17 of the Code
CPC by the Civil Procedure Code (Amendment) Act, 2002 , the
Apex Court would examine Order VI Rule 17 of the CPC ... incorporation of the proviso to Order VI Rule
17 of CPC by the Civil Procedure Code (amendment) Act, 2002 is to
prevent frivolous
misconstrued
the provisions of Order VIII, Rules 8 & 9 CPC and proviso to Order VI
Rule 17 CPC ... Rule 17 CPC and
Order VIII Rule 6A CPC are required to be referred to, which read as
under:
“Order VI
Order VI, Rule 2 CPC , however, ultimately
7
came to the conclusion that in view of proviso to Order VI, Rule
17 CPC ... filed by the appellants under
Order VI, Rule 17 CPC ?
17
(iii) Whether the judgment and order dated
22.02.2013 passed by the trial
allowed in view of Proviso to Order VI Rule 17 C.P.C . The defendant alleged that the fact relating to the proposed ... rightly rejected the amendment application, as Proviso to Order VI Rule 17 C.P.C ., now castes a rider on the power
allowed in view of Proviso to Order VI Rule 17 C.P.C . The defendant alleged that the fact relating to the proposed ... rightly rejected the amendment application, as Proviso to Order VI Rule 17 C.P.C ., now castes a rider on the power
