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ARUN KUMAR JHA
Gul Hasan Miyan – Appellant
Versus
Aas Mohammad – Respondent
Arun Kumar Jha, J.—Heard learned counsel for the petitioner and learned counsel for the respondents 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 08.09.2016 passed in Title Suit No. 64 of 2014 by learned Munsif- II, Siwan whereby and whereunder the learned trial court rejected the petition dated 04.08.2016 filed by the plaintiff/petitioner under Order 6 Rule 17 of the Civil Procedure Code (hereinafter referred to as the ‘Code’)
3. The learned counsel for the petitioner submits that the petitioner is plaintiff before the learned trial court and the respondents are the defendants. The plaintiff has filed a suit for declaration of title over the suit land as mentioned in the schedule of the plaint. The matter was at the stage of plaintiff’s evidence and examination-in-chief of the plaintiff was filed and at that time, a petition for amendment under Order 6 Rule 17 of the Code has been filed on behalf of the plaintiff making a prayer for amendment in paragraph 1, 8, 13 and in the relief portion of the plaint. The learned counsel furth
The court reinforced that amendments post-trial initiation are disallowed if barred by limitation, emphasizing the necessity for due diligence in raising claims at the appropriate stage.
Amendments to pleadings post-trial require showing of due diligence, and must not alter the fundamental nature of the case, or cause undue prejudice to the opposing party.
Point of law: High Court can interfere in exercise of its power of superintendence, when there has been a patent perversity in the orders of the Tribunals and Courts subordinate to it or where there ....
Amendments to pleadings under Order VI Rule 17 of CPC should be allowed if necessary for determining real issues, provided they do not cause injustice to the other party.
Amendments to pleadings under Order VI Rule 17 of CPC should be allowed if necessary for justice and do not change the nature of the suit.
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