On what grounds court may reject an amendment?
Application for Amendments of Pleadings is refused when it violates the legal rights or cause injustice to the other party. Leave to amend is refused when it leads to the needless complications in the case. Leave to amend is refused when there has been excessive delay by the parties in filing the suit.
On what grounds plaint can be rejected?
The major chunk of jurisprudence around Order VII Rule 11, revolves around Rule 11(d), which states that plaint shall be rejected if it the relief claimed is barred by law. Now in cases whether the determination of bar of law is a ‘mixed question of law and fact’, the rejection of plaint is not ordered by the court.
What is order of CPC for pleading?
Order 6 CPC Description. “Pleading”, shall mean plaint or written statement. (1) Every pleading shall contain, and contain only a statement in a concise form of the material facts on which the party pleading relies for his claim or defence as the case may be, but not the evidence by which they are to be proved.
Under what circumstances a plaint shall be returned and not rejected?
ON WHAT GROUNDS A PLAINT CAN BE RETURENED? This order states that, a plaint can be returned by any court if the suit that is presented cannot be tried in the filed court, due to lack of jurisdiction. Thus the court may return the plaint for it to be presented in the proper court.
Which of the following amendments can be allowed under Order 6 Rule 17 CPC?
Provision for Amendment of pleadings has been stated in Order 6 Rule 17 of the Code of civil procedure. But the court will allow amendment only if this amendment is necessary to determine the controversy between the parties. The purpose of this provision is to promote ends of justice and not to defeat the law. 3.
Which of the following amendments can be allowed under Order 6 Rule 17?
It is well settled that under Order 6 Rule 17 of the Code of Civil Procedure, wide powers and unfettered discretion have been conferred on the court to allow amendment of the pleadings to a party in such a manner and on such terms as it appears to the court just and proper.
Which rule under Order 6 of CPC provides for verification of pleading?
Order 6, rule 14, requires that every pleading i.e. a plaint or a written statement, shall be signed by the party and his pleader, if any, provided that where a party pleading is, by reason of absence or for other good cause, unable to sign the pleading may be signed by any person duly authorized by him Order 6 also …
Can plaint be rejection after filing written statement?
16 Order 7 Rule 11(d) of CPC provides that the plaint shall be rejected “where the suit appears from the statement in the plaint to be barred by any law”. Hence, in order to decide whether the suit is barred by any law, it is the statement in the plaint which will have to be construed.
Can an amendment application under Order six Rule 17 be allowed without the presence of the opposite party?
It is clear from the amended Rule 17 of Order VI of the C.P.C., that no application for amendment is to be allowed after the trial has commenced, unless Court comes to the conclusion that inspite of due diligence, parties could not raise the matter before commencement of the trial.
Is it necessary to file affidavit with written statement?
The Delhi High Court has observed that the filing of a written statement within the prescribed time but without an accompanying affidavit of admission or denial of documents, does not amount to non-est filing since it cannot be said that nothing was filed at all.
Can a defendant in a suit without filing written statement give evidence?
Shivadhari Sinha AIR 1972 Pat 81, it was observed as under: The suit, however, was not taken up for hearing ex parte against the petitioner nor was it ordered to be so taken up. The position of law in such a case is that a defendant, even without filing a written statement, can take part in the hearing of the suit.
Which of the following amendments can be allowed under Order VI Rule 17 CPC?
What happens if a written statement is not filed within 90 days?
However, if there is a failure to file such written statement within stipulated time, the Court can at the most extend further period of 60 days and no more. Under the Act, the legislative intent is not to give 90 days of time but only maximum 45 days for filing the version by the opposite party.
What precautions are taken while preparing written statement on behalf of defendant?
The written statement should specifically deny the allegations, which defendant thinks are false. Any allegation not specifically denied is deemed to be admitted. The written statement should also contain verification from the Defendant, stating that, the contents of written statement are true and correct.
What is proviso to order VI Rule 17 CPC?
Proviso to Order VI Rule 17 CPC: “Provides that no application for amendment shall be allowed after the trial has commenced, unless the Court comes to the conclusion that inspite of due diligence, party could not have raised the matter before the commencement of trial.”
What is Rule 6 Rule 17 of the Code of Civil Procedure?
2. Provision for Amendment of pleadings has been stated in Order 6 Rule 17 of the Code of civil procedure. But the court will allow amendment only if this amendment is necessary to determine the controversy between the parties. The purpose of this provision is to promote ends of justice and not to defeat the law.
Is order 6 Rule 17 CPC a mandatory form?
“ Order 6 Rule 17 CPC is couched in a mandatory form. Unless the jurisdictional fact, as envisaged in the proviso to Order 6 Rule 17 CPC is found to be existing, the Court will have no jurisdiction at all to allow the amendment of the plaint.”
Is order 6 Rule 17 a discretionary provision?
In the matter of, Rajesh Kumar Aggarwal & Ors v. K.K. Modi & Ors, (2006) 4 SCC 385, it was held that, Order 6, Rule 17 consists of two parts. Whereas the first part of the provision is discretionary (that is, ‘may’) and leaves it to the court to order amendment of pleading.