Articles for Order Vi Rule 17

Draft Amendments Made In Body Of Writ Petition Regarding Factual Assertions To Be Accompanied By Application And Affidavit: Gujarat HC
1 month, 1 week ago

Draft Amendments Made In Body Of Writ Petition Regarding Factual Assertions To Be Accompanied By Application And Affidavit: Gujarat HC

Live Law  

Observing that draft amendments with respect to factual assertions in the body of a writ petition are to made by moving an appropriate application with affidavit, the Gujarat High Court recently rejected the draft amendments sans application made in a matter which had been accepted by the court's Registry. The Registry ought not to have entertained the draft amendment filed …

Procedure Court Civil Procedure Application Writ Order Filed
Court Must Scrutinize "Due Diligence" Undertaken By Parties Before Allowing Amendment Applications After Conclusion Of Trial: J&K High Court
4 months ago

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

Live Law  

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 …

Trial Court Case Amendment Petitioners Due Diligence Diligence
[Order VI Rule 17 CPC] Amendment Of Pleadings Permissible After Commencement Of Trial If Necessary For Arriving At A Just Conclusion: Patna High Court
6 months, 1 week ago

[Order VI Rule 17 CPC] Amendment Of Pleadings Permissible After Commencement Of Trial If Necessary For Arriving At A Just Conclusion: Patna High Court

Live Law  

The Patna High Court has held that amendment of pleadings under Order VI Rule 17 of Code of Civil Procedure, 1908 could be allowed even after the commencement of the trial, if the amendments sought are necessary for effective adjudication of controversy between the parties. Justice Arun Kumar Jha was considering the case of the petitioner/plaintiff whose amendment petition was …

Trial Court Amendment Cpc Petition Pat Petitioner
Complete Supreme Court Yearly Digest 2022- Part-2
1 year, 10 months ago

Complete Supreme Court Yearly Digest 2022- Part-2

Live Law  

Code of Civil Procedure, 1908 Code of Civil Procedure, 1908; The rules of procedure are essentially intended to subserve the cause of justice and are not for punishment of the parties in conduct of the proceedings. Ltd. v. Vinita Mehta, 2022 LiveLaw 564 : 7 SCC 678 Code of Civil Procedure, 1908; Section 96, 105 and Order IX Rule 13 …

India Supreme Court High Court Judgment Court Civil Procedure Financial Institutions
Supreme Court Annual Digest 2022- Code Of Civil Procedure (CPC)
1 year, 11 months ago

Supreme Court Annual Digest 2022- Code Of Civil Procedure (CPC)

Live Law  

Code of Civil Procedure, 1908 Code of Civil Procedure, 1908; The rules of procedure are essentially intended to subserve the cause of justice and are not for punishment of the parties in conduct of the proceedings. Ltd. v. Vinita Mehta, 2022 LiveLaw 564 : 7 SCC 678 Code of Civil Procedure, 1908; Section 96, 105 and Order IX Rule 13 …

India High Court Judgment Procedure Court Civil Civil Procedure
Supreme Court Quarterly Digest on CODE OF CIVIL PROCEDURE [July - September 2022]
2 years, 1 month ago

Supreme Court Quarterly Digest on CODE OF CIVIL PROCEDURE [July - September 2022]

Live Law  

Admiralty Act, 2017; Section 12, 14 - Code of Civil Procedure, 1908; Order 1 Rule 10, Order XLIII Rule 1 - Commercial Courts Act, 2015 - An order for addition of a party under Order 1 Rule 10 of the CPC is not appealable under section 14 of the Admiralty Act - An appeal does not lie to the Commercial …

India High Court Procedure Court Civil Civil Procedure Courts
Delhi High Court Quarterly Digest: July To September 2022 [Citations 599 To 925]
2 years, 2 months ago

Delhi High Court Quarterly Digest: July To September 2022 [Citations 599 To 925]

Live Law  

CITATIONS 2022 LiveLaw 599 TO 2022 LiveLaw 925 Nominal Index Ashwini Kumar Upadhyay v. Union of India 2022 LiveLaw 599 Ashwini Kumar Upadhyay v. Union of India 2022 LiveLaw 600 SH AWANEESH CHANDRA JHA v. ANIL PRASAD NANDA 2022 LiveLaw 601 JOHNSON JACOB v. STATE 2022 LiveLaw 602 DHRUV TEWARI v. DIRECTORATE OF ENFORCEMENT 2022 LiveLaw 603 Gulati Enterprises versus …

Education India High Court High Courts Court Public Interest Matrimonial Disputes
Madras High Court Half Yearly Digest: January to June 2022 [Citation 1- 276]
2 years, 4 months ago

Madras High Court Half Yearly Digest: January to June 2022 [Citation 1- 276]

Live Law  

NOMINAL INDEX M/s.The Kancheepuram Reading Room and Tennis Club, Represented by its Secretary v. The Director-General of Police & Ors, 2022 LiveLaw 1 The University of Madras, Rep. By its Registrar v. Dr. S. Bhaskaran & Ors., 2022 LiveLaw 2 Payel Biswas v. The Commissioner of Police, Trichy City & Ors., 2022 LiveLaw 3 All India Anna Dravida Munnetra Kazhagam …

India Tamil Nadu Supreme Court High Court Higher Education Constitution Court
CPC | Order VI Rule 17 Obligates Litigant To Make All Amendments Necessary For Determining Real Questions In Controversy: Delhi High Court
2 years, 5 months ago

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

Live Law  

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 …

Court Delhi High Court Order Amendment Real Cpc His Claim
Madras High Court Weekly Round-Up: February 7, 2022 To February 13, 2022
2 years, 10 months ago

Madras High Court Weekly Round-Up: February 7, 2022 To February 13, 2022

Live Law  

A weekly round-up of important cases from Madras High Court and its subordinate courts. Leena Manimekalai Passport Impounding Case: Madras High Court Declines Leave To Susi Ganesan For Filing Appeal Against Single Bench Order Case Title: Susi Ganesan v. Leena Manimekalai & Anr. Order VI Rule 17 For Amendment Of Pleadings Do Not Apply To Section 34 Petitions Under Arbitration …

India Justice Tamil Nadu Title Order Case Urban Local Bodies
Relief Against Third Party Can't Be Claimed In Proceedings Between Husband & Wife Under Hindu Marriage Act : Supreme Court
3 years, 2 months ago

Relief Against Third Party Can't Be Claimed In Proceedings Between Husband & Wife Under Hindu Marriage Act : Supreme Court

Live Law  

The Supreme Court has held that in a proceedings under the Hindu Marriage Act between a husband and a wife, a relief against a third party cannot be claimed.The Court held so while rejecting a wife's plea to seek a declaration that the alleged marriage between her husband and another woman was void. The Supreme Court has held that in …

Marriage Supreme Court High Court Court Family Court Party Hindu Marriage Act
When Does Trial In Civil Suit Commence? Filing Of Chief Affidavit Or Cross-Examination? Supreme Court To Examine
3 years, 3 months ago

When Does Trial In Civil Suit Commence? Filing Of Chief Affidavit Or Cross-Examination? Supreme Court To Examine

Live Law  

The Supreme Court has issued notice on a special leave petition which raises the issue regarding the stage of commencement of trial in a civil suit.The issue has arisen in the context of interpretation of Order VI Rue 17 of the Civil Procedure Code, which provides for amendment of pleadings. ALT 160)) The Bombay High Court judgment impugned in this …

Supreme Court High Court Trial Civil Civil Procedure Order Examination
[CPC] Court May Grant Leave Under Order XI Rule 5 To File New Documents Not Filed With Plaint: Delhi High Court
3 years, 4 months ago

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

Live Law  

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 …

Court Delhi High Court Documents Application Order Suit Cpc
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 …

High Court Judgment Admission Trial Court Delhi High Court Application Order
Law On Return And Rejection Vis-a-Vis Amendment Of The Plaint: Dichotomy In The Judicial Approach
4 years, 4 months ago

Law On Return And Rejection Vis-a-Vis Amendment Of The Plaint: Dichotomy In The Judicial Approach

Live Law  

A 'Plaint' is the very foundation of a civil Suit. If the said issue is answered in the negative, the Court exercises its powers under Order VII Rule 10 Civil Procedure Code, 1908 and 'Return the Plaint' for it to be presented to the Court in which the Suit should have been originally instituted, with the necessary Territorial and Pecuniary …

Law Delhi Jurisdiction Court Courts Application Order