Law: Civil Procedure Code (V of 1908)

Section: O. VI, r. 17

(a) Civil Procedure Code (V of 1908),   O. VI, r. 17-Amendment of pleadings-At appellate stage-No bar-Principle, however, not applied owing to gross delay (six years since institution of suit) [Muhammad Fakirullah Mia. v. Bimalendra Nath Maitra and others P L D 1961 Dacca 254 ref.]   (b) Pleadings-Inconsistent allegations-Not-barred-Civil Procedure Code (V of 1908),   O. VI, r. 2-Principle, however, not applied in circumstances of case-[Firm Sriniwas Ram Kumar v. Mahabir Prasad and others A I R 1951 S C 177 ref.]   (c) Pleadings-   Arising out of contents of document filed by opposite party-Not barred-[Question of compensation to tenant arising out of lease-deed filed by landlord]-[Question, however, not allowed to be raised by amendment owing to delay]-Civil Procedure Code (V of 1908), O. VI, r. 17.   (d) Pleadings   -Clumsy or inartistic wording-Plaint not to be thrown out on mere technicality when substance of pleading is there and there is no prejudice to other side-Civil Procedure Code (V of 1908), O. VI, r. 1-[Lakshmi Ratan Cotton Mills Co. Ltd., Kanpur v. J. K. Jute Mills Co. Ltd., Kanpur A I R 1957 All. 311 ref.]   (e) Civil Procedure Code (V of 1908),   O. XIV, r. 2-Issue of legal nature-[Whether suit was not maintainable legally "through plaintiff's attorney"]-Placing of onus on one side or other, imma terial.   (f) Civil Procedure Code (V of 1908),   O. XIV, r. 5-Re wording of issue in accordance with plaint, serving to clarify real contest between parties, no prejudice being caused to other party Unobjectionable.   (g) Civil Procedure Code (V of 1908),   O. XIV, r. 5-Issue "Whether suit property had been in adverse possession of defendant for over 12 years"-Re-worded as whether such possession was for "40 years" (as pleaded in written statement)-Re-wording immaterial, though relevant period for determination of issue was "12 years".   (h) Transfer of Property Act (IV of 1882),   S. 106-Plea of notice being not in accordance with law not raised at trial-Not allowed to be raised in appeal-Denial of fact or tenancy is not denial of…