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ARUN KUMAR JHA
Dina Nath Prasad – Appellant
Versus
Jay Prakash Singh – Respondent
Arun Kumar Jha, J. –
In C.Misc. Jurisdiction No. 382 of 2018
Heard learned senior counsels for the petitioner as well as substituted respondent no. 5 set. Though other respondents have also appeared in the case, but there is no representation today on their behalf. However, considering the long pendency of the matter it has been taken up for disposal along with Civil Misc. No. 1825 of 2017.
2. The present petition has been filed under Article 227 of the Constitution of India against the order dated 05.04.2016 passed by learned Sub Judge-I, Gopalganj in Title Suit No. 32 of 1946, whereby and whereunder the learned Sub Judge allowed the petition dated 03.03.2016 filed by defendant no. 9 under Section 152 read with Section 151 of the Code of Civil Procedure, 1908 (hereinafter referred to as ‘the Code’)
3. Briefly stated, the facts of the case are that Title Suit No. 32 of 1946 was disposed of in terms of compromise vide order dated 24.02.1951 and a compromise decree was prepared. The compromise petition of the parties was made part of a decree, which was sealed and signed on 24.02.1951. It appears that on the basis of the compromise decree, parties to the suit came into respective posses
A satisfied decree cannot be amended under Section 152 of the C.P.C. as it is considered dead for all practical purposes.
Amendments to pleadings under Order VI Rule 17 of the CPC should not change the nature of the suit or introduce new causes of action, and must be necessary for the proper adjudication of the case wit....
Amendment of plaint – If amendment is necessary for deciding real controversy between parties and for arriving at a just conclusion, such amendment could be allowed even at a late stage.
Amendments to pleadings under Order VI Rule 17 of CPC can be permitted even post-delay if they facilitate effective adjudication and do not cause injustice to the opposing party.
The main legal point established in the judgment is that the amendment of pleadings under Order VI Rule 17 of the CPC should be allowed only if it is necessary to determine the real issue in controve....
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