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IN THE HIGH COURT OF JUDICATURE AT BOMBAY, NAGPUR BENCH, NAGPUR
PRAFULLA S.KHUBALKAR
Vasantrao Naik Samaj Sudharak Mandal, Through its Secretary Kausar Khan Akhtar Khan – Appellant
Versus
Education Officer (Primary), Z.P. Yavatmal, Taluka and Dist. Yavatmal – Respondent
| Table of Content |
|---|
| 1. background of amendment challenge in teacher's resignation appeal. (Para 1 , 2 , 3 , 4) |
| 2. due diligence required for post-trial amendments under cpc. (Para 5 , 6) |
| 3. clarificatory amendments allowed at any stage sans prejudice. (Para 7 , 8 , 9) |
| 4. amendment clarifies resignation documents without new facts. (Para 10 , 11) |
| 5. necessity for adjudication outweighs strict due diligence. (Para 12 , 13 , 14) |
| 6. real controversy test governs liberal amendment approach. (Para 15 , 16 , 17) |
| 7. tribunal's amendment order upheld; petition dismissed. (Para 18 , 19) |
JUDGMENT :
PRAFULLA S. KHUBALKAR, J.
RULE. Rule made returnable forthwith and heard finally with consent of the learned counsel for the parties.
2. The petitioners have assailed the order dated 02.09.2025 passed by the School Tribunal, Amravati (for short, ‘the Tribunal’) by which the application for amendment of the memorandum of appeal is allowed.
3. The instant petition is filed by the petitioner no.1-Management and the petitioner no.2-School assailing the order passed by the School Tribunal, Amravati in appeal under Section 9 of the Maharashtra Employees of Private Schools (Conditions of Service), 1977 (for short, ‘the
Clarificatory amendments post-final arguments allowable without strict due diligence proof if necessary for real controversy adjudication, no prejudice caused, prioritizing liberal approach under Ord....
The main legal point established is that amendments to pleadings can be allowed if necessary for deciding the rights of the parties, bonafide, and relevant, without causing prejudice that cannot be c....
The main legal point established in the judgment is the significance of due diligence in seeking amendments to pleadings after the commencement of trial, as well as the purpose of the amendment to cu....
The amendment application was dismissed as it was found to be mala fide, aiming to introduce new pleas and withdraw previous admissions, lacking due diligence and justification.
Order 6 Rule 17 CPC, which reads as amendment of pleadings.
The main legal point established in the judgment is the significance of due diligence in seeking amendments to pleadings, especially after the trial has commenced, to prevent delays in adjudication.
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