CPC | Order VI Rule 17 Obligates Litigant To Make All Amendments Necessary For Determining Real Questions In Controversy: Delhi High Court
2 years, 8 months ago

CPC | Order VI Rule 17 Obligates Litigant To Make All Amendments Necessary For Determining Real Questions In Controversy: Delhi High Court

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The Delhi High Court has held that Order VI Rule 17 of CPC casts an obligation on the litigant to carry out all such amendments as are necessary for the purpose of determining the real question in controversy. A single judge bench of Justice C. Hari Shankar observed that the use of word "shall" later in Order VI Rule 17 is mandatory in nature. Relying on some other judicial pronouncements regarding the issue, the court held that while the principles governing applications seeking amendment of pleadings, under Order VI Rule 17 CPC were well- settled to the effect that that all amendments were to be allowed which are necessary for determining the real question in controversy, they were subject to exceptions where allowing the amendment would result in irreparable injustice to the opposite party. The court elaborated on this by stating that treating the nature and character of the suit as changed, merely because the petitioner, instead of claiming ownership over the rear parking space on the basis of the undertaking, chose to claim only a right to use the rear parking space in perpetuity, as altering the nature and character of the suit, would be an unduly restricted manner of applying Order VI Rule 17, as either claim was predicated on the undertaking and on the undertaking alone.

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History of this topic

Court Must Scrutinize "Due Diligence" Undertaken By Parties Before Allowing Amendment Applications After Conclusion Of Trial: J&K High Court
6 months, 3 weeks ago

Court Must Scrutinize "Due Diligence" Undertaken By Parties Before Allowing Amendment Applications After Conclusion Of Trial: J&K High Court

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The High Court of Jammu & Kashmir and Ladakh at Srinagar has underscored the importance of "due diligence" in determining the admissibility of amendment applications filed after the commencement of a trial. Expounding on the term “Due Diligence” used in Order VI Rule 17 CPC which deals with the amendment of pleadings the court observed, “. The Court interpreted "due …

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, 9 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

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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 …

Is Order XXV Rule 1(1) CPC Mandatory? Delhi High Court Larger Bench To Decide
2 years, 2 months ago

Is Order XXV Rule 1(1) CPC Mandatory? Delhi High Court Larger Bench To Decide

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The Delhi High Court has referred the issue relating to the interpretation of Order XXV Rule 1 of the Code of Civil Procedure to a larger bench. Observing that appears to be a "clear inconsistency" in the views expressed by different coordinate benches of the high court on whether the proviso to Order XXV Rule 1 of CPC is mandatory …

Order XXI Rule 26 CPC | Court Not Bound To Decide Application For Stay Of Execution On First Day, Entitled To Seek Reply Of Decree Holder: Delhi HC
2 years, 9 months ago

Order XXI Rule 26 CPC | Court Not Bound To Decide Application For Stay Of Execution On First Day, Entitled To Seek Reply Of Decree Holder: Delhi HC

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The Delhi High Court has observed that there is no mandate, in law or otherwise, requiring the executing court to decide the application under Order XXI Rule 26 of Code of Civil Procedure for stay of execution proceedings, on the very first day.Justice C Hari Shankar added that the Executing Court is entitled to call upon the Decree Holder to …

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, 10 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

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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 …

Obligation To Ensure Compliance Of COVID-19 Protocols Must Be Adhered To More Strictly By Those Charged With Enforcement: Delhi High Court
2 years, 11 months ago

Obligation To Ensure Compliance Of COVID-19 Protocols Must Be Adhered To More Strictly By Those Charged With Enforcement: Delhi High Court

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The Delhi High Court has said that the obligation to ensure compliance of COVID-19 protocols must be adhered to even more strictly by those who are charged with its enforcement, Delhi Police in particular, who must therefore lead by example. Justice Yashwant Varma was dealing with a plea moved by Advocate Shalen Bhardwaj seeking directions for taking legal action against …

Order 38 Rule 5 CPC | Suit Property Can't Be Attached Mechanically Or Merely For Asking Of Plaintiff: Delhi High Court
2 years, 11 months ago

Order 38 Rule 5 CPC | Suit Property Can't Be Attached Mechanically Or Merely For Asking Of Plaintiff: Delhi High Court

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The Delhi High Court has observed that the power under Order XXXVIII Rule 5 of Code of Civil Procedure cannot be exercised by High Court mechanically or merely for the asking of plaintiff to the suit. Justice Amit Bansal observed,"provisions of Order XXXVIII Rule 5 of the CPC have to be used sparingly and that the plaintiff has to satisfy …

Whether Filing Of A 'Statement Of Truth' In A Written Statement Is A Mandatory Requirement Under Commercial Courts Act, 2015?: Calcutta High Court Explains
3 years, 5 months ago

Whether Filing Of A 'Statement Of Truth' In A Written Statement Is A Mandatory Requirement Under Commercial Courts Act, 2015?: Calcutta High Court Explains

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The Calcutta High Court last week while adjudicating upon a commercial suit expounded in detail whether a 'statement of truth' in a written statement is a mandatory requirement under the Commercial Courts Act, 2015 and whether its absence warrants the disposal of the defence in the suit. Justice Moushumi Bhattacharya observed while opining on the changes brought in by the …

[CPC] Court May Grant Leave Under Order XI Rule 5 To File New Documents Not Filed With Plaint: Delhi High Court
3 years, 6 months ago

[CPC] Court May Grant Leave Under Order XI Rule 5 To File New Documents Not Filed With Plaint: Delhi High Court

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The Delhi High Court recently ruled that under Order XI Rule 5 of the Civil Procedure Code, the court can grant leave to the plaintiff to file documents that were not filed with the plaint.Justice Asha Menon while observing so, allowed a petition that challenged the order of the Trial Court dismissing applications to place additional documents on record which …

CPC - Application To Amend Admissions Can Be Entertained Even After Judgment Is Reserved Under Order XII Rule 6 : Delhi High Court
3 years, 7 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 …

Delhi High Court To Continue To Take Up Only Urgent Matters Through VC Mode Till August 13
3 years, 7 months ago

Delhi High Court To Continue To Take Up Only Urgent Matters Through VC Mode Till August 13

Live Law  

The Delhi High Court has resolved to hear only urgent matters through video conferencing till August 13 in continuation with its earlier order dates June 28 According to the office order issued by the Registrar General dated July 22, it has been stated that the full court has resolved to continue with this mechanism.In its earlier order dated 28th June, …

Delhi High Court Issues Notice On Plea Challenging GNCTD Amendment Act Giving More Powers To Delhi LG
3 years, 10 months ago

Delhi High Court Issues Notice On Plea Challenging GNCTD Amendment Act Giving More Powers To Delhi LG

Live Law  

The Delhi High Court on Tuesday issued notice in a plea challenging the vires of Government of NCT of Delhi Act 2021 as being ultra vires Art. 13, 14, 19 and 239AA of the Constitution of India.A division bench comprising of Chief Justice DN Patel and Justice Jasmeet Singh issued notice in the plea and sought response of the Central …

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