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Showing posts with the label Amendment of Pleadings

Amendment of Pleadings - Whether ‘Commencement of Trial’ as envisaged in the Proviso to Order VI Rule 17 CPC would mean the date of First Hearing [CASE LAW]

Code of Civil Procedure, 1908 - Order VI Rule 17 - Amendment of Pleadings - the expression “commencement of trial” in the proviso to Order VI Rule 17 of the Code of Civil Procedure would imply the date when the court first applies its mind after the affidavit of evidence is filed and when the first witness proves his affidavit of evidence or such witness seeks to prove a document for it to be tendered in evidence or the cross-examination of such witness begins, whichever is earlier.

Whether Inconsistent Pleas can be Raised by Defendants in Written Statement [Case Law]

Civil P.C. 1908 - O. 6 R. 17 - Amendment of pleadings - I nconsistent plea can also be raised by the defendants in the written statement although the same may not be permissible in the case of plaint.

Whether Motor Vehicles Tribunals have Power to Permit Amendment of Pleadings [Case Law]

Civil Procedure Code, 1908 - Order 6 Rule 17 - Motor Vehicles Act, 1988 - S. 163A - Kerala Motor Vehicle Rules, 1989 - R. 395 - Amendment - there is no prohibition in the Act for amending the claim petition - Error cannot be completely avoided in matters of writing or pleadings - amendment of pleadings must be allowed to correct such errors.