P&H: Allows Amendment of plaint in Common Passage Encroachment Suit, Says Consequential Relief Can Be Added

(i) Civil Procedure Code, 1908, O.6.R.17 — Amendment of plaint — Amendment sought to incorporate a consequential relief of removal of construction over common passage — Original suit was for permanent injunction against further encroachment upon the common passage — Proposed amendment was directly connected...

(ii) Civil Procedure Code, 1908, O.6.R.17 — Amendment of plaint — Amendment after commencement of trial — Issues had been framed but evidence had not commenced when application was filed — Defendants could meet the amended pleadings by filing consequential written statement and leading evidence...

(iii) Civil Procedure Code, 1908, O.6.R.17 — Amendment of plaint — Amendment necessary for determining real dispute regarding alleged encroachment upon the common passage and right to raise construction thereon — Refusal of amendment would have compelled separate proceedings for removal of construction and would...

(iv) Civil Procedure Code, 1908, O.6.R.17 — Amendment of plaint — Original plaint specifically pleaded that passage was more than 12 feet wide and that about 1.5 feet had already been encroached upon by defendants — Reference to 10.5 feet cannot, by itself, be construed...