2024 SCC Vol. 3 Part 5
Civil Procedure Code, 1908 — Or. 6 R. 17 — Amendment of plaint: Principles summarized re when amendment of plaint is permissible.
Amendment of plaint
SC issues notice in SLP against Calcutta HC judgment on Amendment of plaint in pre-2002 suits
The petitioners also prayed for grant of ad interim ex parte stay of the operation of the Impugned judgment.
‘Proposed changes will expand ambit of Suit’; Orissa HC rejects amendment of plaint for incorporation of prayer for partition in 27-years-old dispute
“The suit was instituted in 1996 and was at the fag end of the trial. The Defendant’s cross-examination was ongoing and if the proposed amendment is allowed, it will change the nature and character of the suit.”
Bar under Order II Rule 2 CPC cannot apply to an amendment sought on an existing suit; Supreme Court lays down Principles for Amendment of Pleadings
Supreme Court: On the question as to whether Order II Rule 2 CPC can be made applicable to an application for amendment
P&H HC | Pending application under Or. 6 R. 17 CPC ought to have been decided prior to the decision in the application under Or. 7 R. 11 CPC; Court allows revision petition
Punjab and Haryana High Court: In a revision petition challenging an order passed under Order 7 Rule 11 CPC; Raj Mohan Singh,
HP HC | Non-joinder of proper parties cannot be said to be a formal defect to seek liberty under Or. XXIII, R. 1(3) read with S. 151 CPC rather can be cured by filing impleadment/amendment of plaint
Himachal Pradesh High Court: Sandeep Sharma J., upheld the impugned judgment and dismissed the petition. The facts, in a nutshell, are that