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ARUN KUMAR JHA
Kamal Kishore Prasad – Appellant
Versus
Lal Kumar Rai – Respondent
Arun Kumar Jha, J. – The present petition has been filed under Article 227 of the Constitution of India for quashing the order dated 27.01.2017 passed by learned Sub Judge-VIII, Patna in Title Suit No. 56/2001 whereby and whereunder petition dated 14.09.2016 filed by the petitioner under Order 6 Rule 17 of the Code of Civil Procedure (hereinafter referred to as ‘the Code’) has been rejected.
2. Briefly stated the case of the petitioner is that the petitioner is one of the plaintiffs before the learned trial court, who has filed a suit for declaration of title on the suit land described in Schedule II and also for confirmation of possession over the suit land. Further relief has been sought that if the plaintiff is dispossessed by the defendants during the pendency of the suit, then a decree for recovery of possession of the Schedule II land be passed in favour of the plaintiff and against the defendants. Further relief has been claimed by way of injunction restraining the defendants from transferring, selling, alienating and encumbering the suit land in any way during the pendency of the suit and restraining the defendants from changing the nature of the suit land and maintaining th
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.
Order II Rule 2 CPC operates as a bar against a subsequent suit if the requisite conditions for application thereof are satisfied and the field of amendment of pleadings falls far beyond its purview.....
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....
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.
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