[O.6 R.17 CPC] Amendment Of Pleadings Are Intended To Promote Ends Of Justice, Not Defeat Them: J&K High Court
8 months, 3 weeks ago

[O.6 R.17 CPC] Amendment Of Pleadings Are Intended To Promote Ends Of Justice, Not Defeat Them: J&K High Court

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Upholding the true spirit of Order 6 Rule 17 of the Civil Procedure Code, the Jammu and Kashmir and Ladakh High Court has ruled that amendments to pleadings are meant to promote justice, not hinder it.A bench of Justice Javed Iqbal Wani has emphasised,“The object of the Rule is that the courts should try the merits of the cases that come before them and should consequently allow. Upholding the true spirit of Order 6 Rule 17 of the Civil Procedure Code, the Jammu and Kashmir and Ladakh High Court has ruled that amendments to pleadings are meant to promote justice, not hinder it. A bench of Justice Javed Iqbal Wani has emphasised, “The object of the Rule is that the courts should try the merits of the cases that come before them and should consequently allow all amendments that may be necessary for determining the real question in controversy between the parties provided it does not cause injustice or prejudice to the other side as ultimately”. In alignment with this principle, Justice Wani ruled that denying the amendment would only exacerbate litigation, contravening the spirit of Order 6 Rule 17 of CPC.

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History of this topic

O6 R7 CPC | Consideration For Amendment Of Plaint And Written Statement Stands On Different Footing: J&K High Court Explains
4 months ago

O6 R7 CPC | Consideration For Amendment Of Plaint And Written Statement Stands On Different Footing: J&K High Court Explains

Live Law  

Highlighting a crucial distinction in the legal process regarding amendments to pleadings the Jammu and Kashmir and Ladakh High Court has clarified that the consideration for the amendment of a Plaint and a Written Statement stands on different footings. Assailing the dismissal of his amendment application the petitioner argued that the trial court failed to appreciate the distinction between amendments …

O.23 R.3A CPC Doesn't Bar Proceedings Instituted By Non-Party Challengers Of Compromise Decrees If They Don't Claim Any Rights: J&K High Court
8 months, 4 weeks ago

O.23 R.3A CPC Doesn't Bar Proceedings Instituted By Non-Party Challengers Of Compromise Decrees If They Don't Claim Any Rights: J&K High Court

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Clarifying the applicability of the bar under Order 23 Rule 3-A of the Civil Procedure Code to challenge compromise decrees the Jammu and Kashmir and Ladakh High Court has recently ruled that said bar does not apply to non-party challengers of compromise decrees, provided they are not claiming any right through a party to the compromise decree. After meticulously analysing …

O.6 R.17 CPC | Adopt Liberal Approach To Amendments Before Trial Unless It Causes Irreparable Prejudice To Opposite Party: J&K High Court
11 months, 1 week ago

O.6 R.17 CPC | Adopt Liberal Approach To Amendments Before Trial Unless It Causes Irreparable Prejudice To Opposite Party: J&K High Court

Live Law  

The Jammu and Kashmir and Ladakh High Court has ruled that courts must adopt a liberal approach and allow amendments under Order 6 Rule 17 of the Civil Procedure Code unless they cause irreparable prejudice to the other party or change the very nature of the suit. The trial court rejected the amendment application, citing Order 2 Rule 2 of …

Order 6 Rule 17 CPC Aims To Advance Substantial Justice Through Amendment Of Pleadings & Not To Impede It : Jammu And Kashmir High Court
1 year, 6 months ago

Order 6 Rule 17 CPC Aims To Advance Substantial Justice Through Amendment Of Pleadings & Not To Impede It : Jammu And Kashmir High Court

Live Law  

The Jammu and Kashmir and Ladakh High Court has reiterated that the actual purpose of Order 6 Rule 17 of the Code of Civil Procedure in the legal system is to advance the cause of justice rather than impede it. In a matter under Article 227 of the Constitution of India the petitioner had assailed an order passed by Sub …

Order 23 Rule 3 CPC | Vitiated Compromise Decree Can Be Recalled By Same Court, Separate Suit Challenging Such Decree Is Barred: J&K&L High Court
2 years, 3 months ago

Order 23 Rule 3 CPC | Vitiated Compromise Decree Can Be Recalled By Same Court, Separate Suit Challenging Such Decree Is Barred: J&K&L High Court

Live Law  

The Jammu and Kashmir and Ladakh High Court on Wednesday observed that a compromise deed is essentially a contract between the parties superimposed by the decree of the Court and such a decree can be avoided only by approaching the same Court and demonstrating before it that the compromise on the basis of which decree is passed is not lawful. …

Order XLI Rule 25 CPC | Party Can't Amend Plaint In Court's Limited Jurisdiction To Determine Additional Issues Framed By Appellate Court: Sikkim HC
2 years, 4 months ago

Order XLI Rule 25 CPC | Party Can't Amend Plaint In Court's Limited Jurisdiction To Determine Additional Issues Framed By Appellate Court: Sikkim HC

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The Sikkim High Court recently dismissed a petition filed under Article 227 of the Constitution seeking permission to amend plaint and file a written statement to the counter-claim filed by the respondents, pending proceedings before the Civil Court under Order XLI Rule 25 CPC.The provision provides that an Appellate Court may frame certain additional issues for examination and refer them. …

Order 6 Rule 17 CPC | Party Must Show That Proposed Amendment Could Not Have Been Brought Earlier Despite Exercise Of Due Diligence: P&H High Court
2 years, 5 months ago

Order 6 Rule 17 CPC | Party Must Show That Proposed Amendment Could Not Have Been Brought Earlier Despite Exercise Of Due Diligence: P&H High Court

Live Law  

The Punjab and Haryana High Court while upholding Trial Court's judgment dismissing an application filed under Order 6 Rule 17 of CPC for amendment of written statement on ground of delay, held that parties seeking amendment must show that despite exercise of due diligence, the proposed amendment could not have been brought forth earlier or before the commencement of the …

Order XII Rule 6 CPC | Judgment On Admission Can Be Passed If Defence Set Up By Party Is So Weak That It Is Impossible To Succeed: Delhi HC
2 years, 7 months ago

Order XII Rule 6 CPC | Judgment On Admission Can Be Passed If Defence Set Up By Party Is So Weak That It Is Impossible To Succeed: Delhi HC

Live Law  

The Delhi High Court recently affirmed a judgment on admission, passed by the court below in exercise of its discretionary powers under Order XII Rule 6 of CPC, on the ground that the defence set up was such as to make it impossible for the party to succeed.In this regard, Justice V Kameswar Rao observed,"Order XII Rule 6 of the …

CPC - Application To Amend Admissions Can Be Entertained Even After Judgment Is Reserved Under Order XII Rule 6 : Delhi High Court
3 years, 4 months ago

CPC - Application To Amend Admissions Can Be Entertained Even After Judgment Is Reserved Under Order XII Rule 6 : Delhi High Court

Live Law  

The Delhi High Court has observed that a Court is permitted to entertain an application to amend an admission made in pleadings even after reserving judgment on the basis of admission under Order XII Rule 6 of the CPC.A single judge bench of Justice Asha Menon was dealing with petitions challenging the order dated 4th August 2020 wherein the Trial …

Order XLI Rule 22 CPC- Cross Objection Not Necessary To Challenge Adverse Findings: Supreme Court
3 years, 4 months ago

Order XLI Rule 22 CPC- Cross Objection Not Necessary To Challenge Adverse Findings: Supreme Court

Live Law  

The Supreme Court observed that a party in whose favour a court has decreed the suit can challenge an adverse finding before the appellate court without a cross objection.It is not necessary that a challenge to the adverse findings of the lower court needs to be made in the form of a memorandum of cross-objection, the bench comprising Justices DY …

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