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IN THE HIGH COURT OF JUDICATURE AT BOMBAY NAGPUR BENCH, NAGPUR
HON'BLE SMT. JUSTICE MUKULIKA SHRIKANT JAWALKAR
Shishupal S/o Patiram Tarjude – Appellant
Versus
Vandana S/o Prabhudas Deshmukh – Respondent
JUDGMENT :
1. Heard learned Counsel for petitioner and learned Counsel for respondents.
2. Present petition is filed being aggrieved by the order dated 01.08.2024 passed below Exh. 38 in Regular Civil Appeal No. 23/2023 by learned District Judge-2, Bhandara, on application for amendment in pleading kept in abeyance with a direction to decide the same finally with appeal.
3. It is the case of the plaintiffs that the father and mother of plaintiff purchase the suit land from father of defendant No.1 and one Gendu Kapgate by registered sale deed and after purchase mutation was effected. After demise of father, plaintiff became the owner of suit property and are in possession of the suit property. In plaint, agricultural land Gat Nos.190/2, 190/3, 190/4, 190/5, 190/6, 190/8, 191, 192/1, are referred as 'suit property.’ Defendants in collusion with Tahsildar effected false mutation, it was, aside by Sub-Divisional Officer. Defendants came on suit property and try to disposes the plaintiff. Hence, plaintiff filed suit for perpetual injunction.
4. Defendants filed written statement along with counter claim. According to the defendants, previously suit property was numbered as Gat No.159/1, 15
The Appellate Court may keep an amendment application in abeyance pending appeal to ensure substantive rights are not jeopardized, allowing for a comprehensive decision post-hearing.
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 civil suits must be granted if necessary for effective adjudication, provided they do not cause harm to the opposing party, affirming a liberal approach in such matters.
Amendments to pleadings post-trial commencement are not permissible unless due diligence is shown, ensuring they do not alter the fundamental character of the case.
Court ruled that procedural amendment requests should be allowed even after the trial begins, provided they clarify existing claims and do not introduce new issues.
The court emphasized the importance of bona fide amendments and a liberal approach to avoid multiplicity of litigations while considering applications for amendment under Order 6 Rule 17 of the CPC.
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