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ARUN KUMAR JHA
Bibha Devi – Appellant
Versus
Annu Devi – Respondent
Arun Kumar Jha, J.—Heard learned counsel for the petitioner and learned counsel for the respondent on the point of admission and I intend to dispose of the present petition at the stage of admission itself.
2. The instant petition has been filed under Article 227 of the Constitution of India for setting aside the order dated 06.12.2016 passed by the learned Sub Judge, Paliganj in Title Suit No. 20 of 2014 whereby and whereunder the learned trial court rejected the amendment petition filed by the plaintiff/petitioner.
3. The learned counsel for the petitioner submits that the petitioner is plaintiff before the learned trial court and has filed Title Partition Suit No. 20 of 2014 seeking following reliefs:—
“(a) Preliminary decree for partition of 1/3rd share of the plaintiff in the properties in suit detailed in Schedule I & II below be passed in favour of the plaintiff and by appointment of a Survey Knowing Advocate Commissioner a separate takhta of the plaintiff’s be carved out and on preparation of the final decree the plaintiff be put in possession of her separate takhta through the process of the court.
(b) Cost of the suit be awarded to the plaintiff against the defendants.
(c) Any
(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 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 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....
Amendment of Written Statement – Inordinate delay in filing application for amendment of written statement cannot be allowed.
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.
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....
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