Civil appeal
Adv B.B.Gambhir #9814820602
(Querist) 13 March 2017
This query is : Resolved
an application under order 6 rule 17 cpc dismissed by trial court. the opposite party did not go in writ before hon'ble high court and later on the suit of the opposite party also dismissed. the opposite party filed appeal and application under order 6 rule 17 cpc by mentioning similar grounds.
under which law, the said application is maintainable?
ADV-JEEVAN PATIL, MUMBAI
(Expert) 14 March 2017
the provisions of law depend upon on which ground the application is dismissed
R.K Nanda
(Expert) 14 March 2017
O 6 R 17 application can be filed in appeal stage also .
John P Thomas
(Expert) 15 March 2017
When the appeal is against the whole decree the aggrieved party can verywell challenge his dimissal of application filed under O.6 R.17 thereby press for a remand for the effective adjudication of the matter in the suit.
Dr J C Vashista
(Expert) 16 March 2017
Whether the suit of plaintiff has been decreed/dismissed without granting an opportunity to amend?
What is the impugned order/decree challenged by the plaintiff/appellant?
Amendment to original suit (if already decreed/dismissed) cannot be entertained by appellate Court.
Vague query.
