Back
ARUN KUMAR JHA
Mahatam Yadav – Appellant
Versus
Chhathu Mallah – Respondent
Arun Kumar Jha, J.—Heard learned counsel for the petitioners as well as learned counsel for the respondents.
2. The petitioners are aggrieved by the order dated 30.06.2017 passed by learned Munsif 2nd, Siwan in Title Suit No. 10 of 2011 whereby and whereunder the learned trial court refused the prayer of the petitioners in the petition filed under Order 6, Rule 17 of the Code of Civil Procedure (in short “the Code”) for making amendment in the written statement.
3. The learned counsel for the petitioners submits that petitioners are defendants before the learned trial court in Title Suit No. 10 of 2011 filed by the plaintiffs/respondents. The suit has been filed against the defendants for declaration that plaintiffs have right of easement over the land in question by utilizing the same as their own pathway. The use of the pathway was obstructed by the defendants/petitioners. The plaintiffs claimed that their residential house is situated over Khata No. 268, Survey Plot No. 756 in Village Kabirpur, Tola Emlahi, P.S. Mairwa, Siwan. The plaintiffs further claimed that Survey Plot No. 747 and 748 are ancestral homestead land of the plaintiffs which is situated in the middle of Survey Plo
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.
Amendments to written statements are permissible to clarify defenses without withdrawing admissions, particularly before trial commencement.
Amendments to pleadings must be necessary to resolve substantive disputes rather than mere denials of the defendants' claims, as per the procedural rules governing civil litigation.
Amendment in plaint – In terms of Order VI, Rule 17 of CPC, Court may at any stage of proceedings allow either of parties to alter or amend pleadings, in such manner or on such terms, as may be just.
Court affirmed that amendments to pleadings under Order VI Rule 17 of CPC can be allowed at any stage to promote justice, provided they do not cause injustice to opposing parties.
An indispensable Tool for Legal Professionals, Endorsed by Various High Court and Judicial Officers
Please visit our Training & Support
Center or Contact Us for assistance
Scan Me!
India’s Legal research and Law Firm App, Download now!
For Daily Legal Updates, Join us on :
Back to top
