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(2024) Law Today Live Doc. Id. 19252 = 2024 :PHHC: 66629
Decided on: 09.05.2024
A. Code of Civil Procedure, 1908 (V of 1908), Order 6 Rule 17 -- Amendment of plaint based upon inheritance -- Limitation -- Bar of limitation is not available when a suit is filed on the basis of inheritance, as inheritance does not remain in abeyance.
(Para 10)
B. Code of Civil Procedure, 1908 (V of 1908), Order 6 Rule 17 -- Amendment of plaint – Suit for declaration on the basis of inheritance of estate – Amendment is to add one more property along with other properties already mentioned in the plaint – It is fundamental principle of law that parties should be allowed to bring all the material facts that may enable the Court to decide the controversy completely and judiciously -- Purpose of amendment is to narrow down the controversy by placing all material facts clearly on the record -- One effective opportunity granted to the petitioner to file the amended plaint.
(Para 10-15)
C. Code of Civil Procedure, 1908 (V of 1908), Order 6 Rule 17 -- Amendment of plaint – Inefficiency of party/ Counsel – If a party or its Counsel is inefficient in setting out its case initially the shortcoming can certainly be removed generally by appropriate steps taken by a party which must pay costs for the inconvenience or expense caused to the other side from its omissions.
(Para 12)
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