...Order 6 Rule 17 CPC for amendment of plaint as well as affidavit of petitioner No.2, was dismissed. Notice of motion was issued. Learned counsel for respondents appeared and contested the.../- along with interest. During the pendency of the suit, an application under Order 6 Rule 17 CPC was filed by the plaintiffs for amendment of plaint as well as affidavit of Sanjay...plaint as well as affidavit of Sanjay Jain and also want to amend the plaint in the manner as detailed in the application. The defendants-respondents appeared and filed reply, wherein, it is stated that if the proposed amendment is...

...fact that the said IAs were filed after the affidavit of evidence had been filed by the appellant-plaintiffs. Despite noticing the proviso appended to Order 6 Rule 17 of the Code, it was held:“… According to Order 6 Rule 17, an amendment application...can be filed at any stage of the proceeding. Filing of affidavit by way of evidence itself is not a good ground to reject the application filed seeking amendment of...courts below, the High Court and of this Court. In the counter-affidavit filed by Respondent 1, various dates of hearing with reference to the proceedings taken before the Court has been elaborately...

...arising out of SLP (C) No. 10844 of 2007, the prayer for amendment of the written statement has been allowed by us. Chamber Summons No. 2 of 2007 arising out of Suit No. 3 of 1998 was filed seeking permission to tender in evidence the affidavit of...them. Although, the Special Court by an order dated 13-4-2007 rejected the prayer for amendment of the written statement made by the appellant but by our order of this date in CA No. 2946 of 2007...Suit No. 3 of 1998 for recovery of Rs 15,66,66,591 with other incidental reliefs by which the application for amendment of the written statement filed at the instance of the appellant was rejected...

...trial” in the said proviso is not synonymous with framing of the issues. The trial does not commence unless and until the suit is set down for recording of evidence. Filing of affidavit of the plaintiffs' first witness by way of his examination-in-chief is not recording of evidence;(c) Raising the matter in the said proviso means raising the matter in any proceeding in the suit and not necessarily in the amendment application...that in the written reply against the suit application, Defendant 1 was aware about the present application containing amendment/changes. Defendant 2 cannot carry out amendment in the affidavit filed...by the courts below, the High Court and of this Court. In the counter-affidavit filed by Respondent 1, various dates of hearing with reference to the proceedings taken before the Court has been...

...seeking amendment of affidavit stating that there is a typographical error in the affidavit with regard to the possession of the articles and jewels, that came to be allowed by the trial Court accepting...and filed the counter also. In the counter, she has admitted exchange of jewels, etc. facts. Later she filed I.A.No.16 of 2018 seeking the return of jewels, house hold articles etc., under Section 27 of...the Hindu Marriage Act, 1956. In that affidavit she has admitted that the articles mentioned in para No.4 are in her possession or custody. But, later filed the impugned interlocutory application...

...be possible after the ban was lifted.”The 1972 Rules being “very harsh to the allottees”, their amendment had been agreed to in the Memorandum of Understanding...delivered.”In regard to the impugned 1992 Amendment, the affidavit states,“The Rajasthan Government has amended the Allotment Rules...earlier have not been practically implemented. The matter stated in paras 5 to 7 of the affidavit dated 10-4-1996 requires basic amendments in Rajasthan Colonisation Rules, 1972, but no such amendments...

...Rule 17 of the Code seeking amendment of the plaint to incorporate specific pleading in compliance with the above section of the Specific Relief Act and the Code on the ground that the same was missed due to typographical error. On 4-10-2010, Karimnagar Diocese filed counter-affidavit resisting..., the Court reserved the matter for orders.9. Meanwhile, on 24-9-2010, the respondents herein filed a petition praying for amendment of the plaint. In support of the said application, Plaintiff 2 has filed an affidavit stating...petition being No. 5162 of 2010. The High Court, by the impugned order dated 8-2-2011, allowed the amendment sought for by Respondents 1 and 2 herein. Aggrieved by the said decision, the appellants have...

...submits that the prayer for amendment had been made before the commencement of trial, as affidavit-in-evidence was yet to be tendered by the petitioner. Trial commences, he submits, only when affidavit-in..., 2001, Mr. Gandhi submits that the learned Trial Court was not correct in holding that the amendment sought to change the very nature of the suit. 16. Mr. Gandhi...? 24. Mr. Gandhi contended that, in the present case, trial had not commenced till the date when the impugned order came to be passed, as affidavit-in-evidence on behalf of the petitioner (as...

...filed challenging the Notification dated September 25, 1991 are allowed. Counter-affidavit by way of reply to the amendment in the petitions to be filed within three weeks and rejoinder, if any, within..., 1992.2. W.P No. 1094 of 1991 be tagged on with these cases.3. Delay in filing amendment applications is condoned. All amendment applications...

...commenced prior to the filing of the application for amendment of the written statement. In the absence of due diligence on the part of the appellant, the amendment could not have been allowed. The...filed by the appellant for amendment of the written statement was set aside.2. On 11 October 2002, Sharda Rani Bhatia instituted a suit for the recovery of possession, arrears...floor.4. Issues were framed on 14 August 2003. The respondent moved an application under Order 6 Rule 17 of the Code of Civil Procedure for amendment of the plaint...

...lodged and seeks leave to file a further schedule of draft amendment with affidavit in support.4. It is made clear that the amendments prayed for to the schedule of the chamber summons...will be considered as if they have been lodged on the date the amendment is tendered with the further affidavit in support particularly, for considering any objection on limitation raised by defendant...considered at the time of hearing of the chamber summons.3. Mr. Setalwad states that there are some further developments which have come up after the chamber summons No. 335 of 2017 was...

...? (2) Is it permissible to allow amendments without justifying the same in the affidavit in support of the amendment petition...with reference to the averments in the affidavit in support of the amendment petition, the learned counsel failed to point out substantive or even evasive averments in the affidavit in support of the... foundation for the same in the original plaint itself and in the affidavit in support of the amendment petition. He submitted further that...

...Debangsu Basak, J.:— The Court: This is an application for amendment of the affidavit of assets filed in the probate proceedings. Learned Senior Counsel for the petitioner submits that one...the affidavit of assets. In view of such deletion, such person should not have any further grievance with regard to the grant of probate.2. Learned Advocate appearing for Bhavit Bole submits that, in the event the prayer for amendment as....3. The application is for amendment. The propounder seeks to have the affidavit of assets of the deceased amended as shown in red ink in the copy of the affidavit of assets annexed to the...

..., a format in which an application is to be filed is prescribed providing for filing of an affidavit duly verified by a public notary.Amendment in the Rules and circulars...application for amendment of the writ petition was made on 9-3-2005 wherein it was contended that the selection process adopted by the State was vitiated, inter alia, on the premise that no affidavit was filed...was pointed out that whereas in terms of amendment dated 9-3-2004, the Commissioner of Excise had been empowered to prescribe the format, he had no jurisdiction to do away with or dilute the statutory requirements to file an affidavit as...

...1. The Court: This is the second time that the executor who is the applicant seeks amendment of the affidavit of assets of the deceased after grant of the probate. Counsel submits that...the probate was granted on 21st December, 2017 and an earlier amendment to the affidavit of assets was allowed by an order of a learned Single Judge dated 13th January, 2021. Counsel places paragraphs 6...included in the affidavit of assets are mentioned in paragraph 8 of the application in the form of a tabulated statement. Counsel submits that the assets mentioned in the present application were...

...shall be on affidavit. Rule 5 of Order 18 had been incorporated even prior to the said amendment.18. Rule 4 of Order 18 does not make any distinction between appealable and...Order 18 Rule 4 of the Code of Civil Procedure would show that an affidavit incorporating examination-in-chief of a witness has to be filed in every case and only in the event the said witness is...required to be cross-examined, he would be produced in court.9. The learned counsel would urge that the Code of Civil Procedure (Amendment) Act, 1976 (sic 2002) was...

...seeks amendment of the affidavit of assets and consequential amendment to the decree passed on August 24, 2016. The defendants are represented. The defendants have no...terms of the Terms of Settlement which was made part of the application. The plaintiff now contends that, the affidavit of assets did not reflect the true assets. Two properties are...

...paragraph no. 3 of the affidavit. Since, the amendment is being sought in the affidavit, the same cannot be permitted to be done. 3. In view of the same, learned counsel for the applicants may...No. 3 of 2024 1. Heard Sri Maohammd Nadeem, learned counsel for the applicants and Sri Ajay Singh, learned AGA-I for the State. 2. This is an application for amendment for amending...learned counsel for the State and the said process be done subject to deposit Rs. 2000/- as cost by the deponent. The receipt of deposit money shall also form as annexure- 2 to the said affidavit...

...on the allegation of corrupt practice and in the absence of those, the court has jurisdiction to dismiss the petition. The High Court has undoubtedly the power to permit amendment of the petition for supply of better material particulars and also to require amendment of the verification and filing of the required affidavit but...furnishing of better particulars and requiring amendment of the petition for the purpose of verification and filing of proper affidavit. In a matter of this kind the primary responsibility for furnishing full...for reasons best known to him, he failed to do so. The existence of material facts, material particulars, correct verification and the affidavit are relevant and important when the petition is based...

....6. The plaintiff, confronted with the order dated 13-6-2007 striking out a portion of her affidavit evidence in chief examination, moved an application for amendment of the...specifically submitted that they were not seeking a stay of the trial of the suit but were only seeking a stay of the operation of the orders refusing the amendment of the plaint, striking out portions of written statements of Defendants 11, 12 and 13 and a part of the chief examination of the plaintiff covered by the affidavit. Counsel...covered by the amendment and the untruncated written statement and that covered by the chief examination affidavit, would have to be elicited in the examination of the witnesses, and if meanwhile the...