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SUNIL DUTTA MISHRA
Harihar Nath Rai – Appellant
Versus
Most. Devmuni Kuer – Respondent
SUNIL DUTTA MISHRA, J.:–Heard Mr. Shashi Shekhar Dwivedi, learned Senior counsel appearing for petitioner and Mr. J.S. Arora, learned Senior counsel appearing for respondents.
2. This Civil Misc. Application has been filed under Article 227 of the Constitution of India against the order dated 24.05.2019 passed by learned Additional District Judge-II-Saran in Title Appeal No. 18 of 1997 by which the learned Court below has rejected the amendment petition dated 27.11.2018 filed by the petitioner / appellant.
3. The petitioner was plaintiff in the trial Court who had filed Title Suit bearing Title Suit No. 325 of 1987 in the Court of Sub-Judge-1, Chapra praying for a decree for permanent injunction restraining the defendants from obstructing the plaintiff in joint use and occupation of suit properties or from dispossessing the plaintiff from the same. The original defendant Nos. 1 to 3 (ancestor of respondent 1st set) filed written statement and contested the suit. After completion of trial of the suit, the learned Court of Sub-Judge-2, Chapra dismissed the suit vide judgment and decree dated 21.01.1997. The plaintiff/petitioner has filed Title Appeal bearing Title Appeal No. 18 of 1997
The main legal point established in the judgment is that proposed amendments must be in consonance with the evidence and should not introduce new facts. The court emphasized that objections to the ev....
Amendments to pleadings under Order VI Rule 17 CPC can be allowed at any stage of the proceedings, provided they do not change the nature of the suit or introduce new causes of action that would prej....
The court upheld that amendments to a plaint after trial commencement require sufficient justification and diligence, which the plaintiff failed to provide.
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