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KAMAL KHATA
Ravi Ashish Builders Ltd – Appellant
Versus
Shardadevi Vikramjeet Yadav – Respondent
JUDGMENT :
1. Rule. Rule is made returnable forthwith with the consent of the parties and the Petition is taken up for final disposal.
2. By this Petition, under Article 227, the Petitioner seeks to set aside the order dated 10th September 2018. By the order, the learned Judge has allowed the Chamber Summons No. 499 of 2015 that sought to amend the plaint on payment of costs.
3. To resolve the controversy, it is necessary to examine the schedule of amendments, which is annexed on page 21 of the Petition and is extracted below for convenience.
15(b) The Plaintiff says that, the Plaintiff had also purchased one more room premises from One Mr. Baburam Jayshree Yadav, on date 01/03/1995. The Plaintiff says that, Defendants No.2 has entered into an agreement with the Plaintiff for allotment of permanent rehab accommodation in respect of the said another room premises which has bee
The amendments to a plaint must be necessary for determining the real question in controversy between the parties and should not introduce a new case or be mala fide. Amendments should be allowed if ....
The duty of the advocate to obtain relevant instructions and the need to avoid penalizing litigants for unintentional omissions.
Allowing amendments to a plaint requires clarity on possession claims, which should not evade established jurisdictional considerations.
Amendments to pleadings under Order 6 Rule 17 CPC are permissible if they do not change the fundamental character of the suit and aim to avoid multiplicity of proceedings.
Amendments to plaints should be liberally allowed, provided they do not cause injustice, ensuring precise determination of legal rights in ongoing litigation.
Amendments can be allowed at any stage of the proceedings to determine the real controversy between the parties, provided they do not cause injustice or prejudice to the other side. A hyper-technical....
Amendments to pleadings should be allowed if necessary for determining the real controversy between the parties and not inconsistent with existing pleadings. However, amendments introducing new cause....
The court can allow amendments to pleadings unless they change the fundamental nature of the suit, thus ensuring just adjudication.
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