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ARUN KUMAR JHA
Ram Ranvijay Pratap Shahi – Appellant
Versus
Kaushlendra Pratap Shahi – 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 26.10.2018 passed by the learned Sub Judge-XI, Muzaffarpur in Partition Suit No. 541 of 2016 whereby and whereunder the petition, filed on behalf of the plaintiffs/petitioners under Order VI, Rule 17 of the Code of Civil Procedure (in short ‘the Code’) seeking amendment in their plaint, has been rejected.
2. Briefly stated, the facts of the case as it emerges from the record, are that the petitioners are the plaintiffs in Partition Suit No. 541 of 2016 who claimed 1/5th share in the suit property described in Schedule-I of the plaint. One Yadvendra Pratap Shahi was common ancestor of the parties to the suit who had five sons and five daughters. Plaintiff no.1, Ram Ranvijay Pratap Shahi, is one of the sons. It appears from the plaint that Yadvendra Pratap Shahi, in his lifetime, mutually partitioned his properties between his sons and himself through a memorandum of partition dated 31.05.1997 and he died on 15.03.2004. After his death, the share of Yadvendra Pratap Shahi came into possession of their legal heirs. The daughters of Yadvendr
Amendment of plaint – While deciding applications for amendments Courts must not refuse bona fide, legitimate, honest and necessary amendments and should not permit mala fide, worthless and/or dishon....
(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 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.
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 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 emphasized strict adherence to limitation periods for amendments in civil suits and the necessity of including all consequential amendments as per procedural rules.
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