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ARUN KUMAR JHA
Vijay Kumar Singh, Son of Rajendra Singh – Appellant
Versus
Jai Prakash Singh, son of late Jagdeo Singh – Respondent
JUDGMENT :
Arun Kumar Jha, J.
Heard learned counsel for the petitioner and learned counsel for the respondent 1st set.
2. The instant petition has been filed under Article 227 of the Constitution of India against the order dated 02.03.2017 passed by the learned Sub Judge-II, Vaishali at Hajipur in Title Suit No. 1134/2013 whereby and whereunder the learned trial court allowed the petition dated 10.02.2017 filed for amending the plaint under Order 6 Rule 17 of the Code of Civil Procedure (hereinafter referred to as ‘the Code).
3. The learned counsel for the petitioner submits that the respondent no. 1 is the plaintiff and the petitioner is one of the defendants before the learned trial court. Title Suit No.1134/2013 has been filed by the plaintiff/respondent no.1 for cancellation of sale deeds executed by defendant 1st set in favour of defendant 2nd set with regard to the suit land. After evidence of the plaintiff was closed and matter was fixed for evidence of defendant/petitioner, the plaintiff/respondent filed an application on 10.02.2017 under Order 6 Rule 17 of the Code for making certain amendments in the plaint in the following manner :
Judicial orders must be reasoned to ensure fair adjudication, and amendments to pleadings after trial commencement require justification to avoid prejudice.
Procedural rules should not obstruct justice; amendments to plaints should be allowed to ensure real controversies are addressed, especially when no vested rights have accrued to the opposing party.
The proposed amendment should not change the nature and character of the suit, cause prejudice, or set up an entirely new case.
The central legal point established in the judgment is the court's emphasis on minimizing litigation and allowing amendments to determine the real question in controversy between the parties.
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 should be allowed to ensure effective adjudication, provided they do not alter the basic structure of the suit or infringe upon the rights of the opposing party.
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