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AMIT BORKAR
Gera Developments Pvt. Ltd. Through CEO Mr. Gulzar Malhotra – Appellant
Versus
Sangita Shivaji Kate @ Sangita Malhari Gaikwad, Through Her Power of Attorney Holder Amit Jivan Pathare – Respondent
JUDGMENT :
(Amit Borkar, J.)
1. Since the order challenged in both writ petitions arises from the same cause of action and involves similar issues, they are being disposed of by this common judgment.
2. The petitioner in Writ Petition No. 10225 of 2024 is the original defendant No. 66, whereas the petitioners in Writ Petition No. 10422 of 2024 are defendants Nos. 16 and 17 in the suit. The challenge in both the petitions is to the order dated 10 July 2024 passed by the Civil Judge, Senior Division, Pune. The impugned order allows an application under Order VI Rule 17 of the Civil Procedure Code, 1908, to incorporate averments regarding the creation of lease rights by the defendants, a prayer for a declaration that the lease agreements executed in favor of the newly added defendants are not binding on the plaintiff's share in the suit property and permits impleadment of the lessees as defendants.
3. In December 2021, respondent No.1-original plaintiff filed Special Civil Suit No. 2040 of 2021 for partition and separate possession, cancellation of sale deeds, and a declaration that the sale deeds executed by defendant Nos. 1, 2, and 5 to 14 are not binding on the plaintiff’s share. The
Amendments to pleadings in civil suits should be allowed if they assist in resolving real issues and do not cause irreparable prejudice to the opposing party.
Amendments to pleadings in civil suits should be allowed if they assist in resolving the real issues without causing irreparable prejudice to the opposing party.
Amendments to pleadings under Order VI Rule 17 should be allowed if they assist in resolving the real issues without altering the fundamental nature of the suit or causing prejudice to the opposing p....
Amendments to pleadings under Order VI Rule 17 should be allowed if they assist in resolving the real issues without altering the fundamental nature of the suit, ensuring all necessary parties are in....
(1) Amendment of plaint – At stage of amendment, merits or correctness of plea sought to be added is not required to be gone into.(2) Amendment of plaint – Partition suit – Mere delay in filing petit....
In partition suits involving adverse possession, procedural adherence is critical; issues of tenancy must be resolved before partition can occur, and failure to provide proper notice invalidates clai....
Amendments to pleadings are essential for effective adjudication and should be allowed unless they change the nature of the suit or cause irreparable prejudice to the other party.
Amendments to pleadings in partition suits should be liberally allowed to ensure justice and avoid multiplicity of proceedings, without assessing the merits of the amendment at the initial stage.
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