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(4) A written motion, other than one which may be heard ex parte, and notice of the hearing thereof shall be served not later than 5 days before the time specified for the hearing, unless a different period is fixed by statute or by order of the court. Such an order may for cause shown be made on ex parte motion.
Order 6 Rule 17 CPC allows for the amendment of pleadings. This provision grants the court the power to allow parties to modify or alter their pleadings, including the plaint or written statement, at any stage of the proceedings.
Order 18, Rule 17 is primarily a provision enabling Court to clarify any issue or doubt, by recalling any witness either suo moto, or at the request of any party, so that Court itself can put questions and elicit answers.
Order VI Rule 2: Pleading to state material facts and not evidence:-(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.
Order 6 Rule 17 CPC allows for the amendment of pleadings. This provision grants the court the power to allow parties to modify or alter their pleadings, including the plaint or written statement, at any stage of the proceedings.
The Calcutta High Court has held that substitution of legal heirs of a deceased plaintiff as well as addition more plaintiffs in a suit, would not be permissible under Order VI Rule 17 of the Civil Procedure Code, 1908, (?CPC?).
Wisconsin's Pleading Standard: Best Practices A complaint must contain a short and plain statement of the claim, identifying the transaction or occurrence or series of transactions or occurrences out of which the claim arises and showing that the pleader is entitled to relief.
Neither party need in any pleading allege any matter of fact which the law presumes in his favour or as to which the burden of proof lies upon the other side unless the same has first been specifically denied (e.g. consideration for a bill of exchange where the plaintiff sues only on the bill and not for the ...