Amendment of Plaint

Sabita Sahoo vs Capt. Khirod Kumar Sahoo-20/03/1990

6 min read

Orissa High Court

Sabita Sahoo vs Capt. Khirod Kumar Sahoo-20/03/1990

it would be reasonable to assume that the Magistrate is vested with all ancillary powers necessary for the purpose of effectual and proper exercise of jurisdiction vested in him under Section 125, Cr.P.C. The power to permit the petitioner...

Whether pleadings can be directed to be amended after hearing of a case begins?

12 min read

CIVIL

Whether pleadings can be directed to be amended after hearing of a case begins?

Vidyabai & Ors. Versus Padmalatha & Anr.-However, proviso appended to Order VI, Rule 17 of the Code restricts the power of the court. It puts an embargo on exercise of its jurisdiction. The court's jurisdiction, in a case of this nature...

Amendment of Plaint to be rejected if barred by limitation

4 min read

CIVIL

Amendment of Plaint to be rejected if barred by limitation

In L.J.Leach and Co. Ltd. and Another vs. M/s. Jardine Skinner and Co. (AIR 1957 SC 357), Supreme Court at paragraph 16 of the said decision observed as follows :- “It is no doubt true that courts would, as...

The prescriptive easement as opposed to easement by grant is always hostile

8 min read

Easements Act

The prescriptive easement as opposed to easement by grant is always hostile

Whereas suit was filed for recognition of right of easement and later on amendment sought in the plaint for introducing essential ingredients of easement – The amendment, if allowed at the appellate stage, found to have caused delay and...

3 min read

CIVIL

If by the amendments the entire dispute between the parties is brought within the domain of a single proceeding, the amendment should be allowed

This is so because the law discourages multiplicity of proceedings and encourages quick and effective resolution of the entire disputes between the parties by a single decree or order. Amendments have also been allowed to perfect the cause of...

Amendment of Plaint at Appeal Stage in India

2 min read

CIVIL

Amendment of Plaint at Appeal Stage in India

KEYWORDS:- TRIAL OF APPEAL Now it is a fixed principle of law that a suit must be tried on the original cause of action and this principle governs not only the trial of suits but also appeals. Indeed the...

N.C. Bansal Vs. Uttar Pradesh Financial Corporation & ANR [SC 2018 JANUARY]

6 min read

CIVIL

N.C. Bansal Vs. Uttar Pradesh Financial Corporation & ANR [SC 2018 JANUARY]

KEYWORDS:-filing of documents-amendment in the plaint- DATE:- January 25, 2018 ACTS:- Order 7 Rule 14 AND Order 6 Rule 17 OF CPC SUPREME COURT OF INDIA N.C. Bansal Vs. Uttar Pradesh Financial Corporation & ANR. [Civil Appeal No.882 of 2018...

Sabita Sahoo vs Capt. Khirod Kumar Sahoo-20/03/1990

Whether pleadings can be directed to be amended after hearing of a case begins?

Amendment of Plaint to be rejected if barred by limitation

The prescriptive easement as opposed to easement by grant is always hostile

If by the amendments the entire dispute between the parties is brought within the domain of a single proceeding, the amendment should be allowed

Amendment of Plaint at Appeal Stage in India

N.C. Bansal Vs. Uttar Pradesh Financial Corporation & ANR [SC 2018 JANUARY]

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