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ARUN KUMAR JHA
Ved Prakash – Appellant
Versus
Kedar Nath Chaudhary – Respondent
Arun Kumar Jha, J. – The petitioners have filed the instant petition under Article 227 of the Constitution of India for setting aside the order dated 24.01.2018 passed by the learned Sub. Judge-IV, Hajipur in Title Suit No. 253 of 2001, whereby and whereunder the petition dated 16.08.2017 filed by the plaintiff/respondent no. 1 under Order 6 Rule 17 of the Code of Civil Procedure, 1908 (hereinafter referred to as ‘the Code’) has been allowed.
2. It emerges from the record that the plaintiff/respondent no. 1 filed a partition suit bearing Title Suit No. 253 of 2001 in the Court of learned Sub. Judge-I, Hajipur seeking 1/7th share in Schedule-I of the plaint after partition of the suit property and also for a direction to defendants-2nd set, petitioners herein, to execute the sale deed in favour of the plaintiff/respondent no. 1 for the land of Schedule-2 along with house mentioned in Schedule-2 property of the plaint with alternative prayer that if the defendants-2nd set/petitioners failed to executed the sale-deed, the same might be executed through the process of the Court.
The defendants-2nd set/petitioners appeared in the suit after notice and filed their joint written statement c
(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....
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.
The court upheld the ruling that amendments to pleadings are permissible to facilitate just adjudication without injustice, reaffirming established principles governing such applications under the Co....
Amendments to pleadings should be allowed if necessary for determining the real questions in controversy, provided they do not change the nature of the suit or cause prejudice.
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