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ARUN KUMAR JHA
Bihar State Board of Religious Trusts – Appellant
Versus
Ravi Jalan – Respondent
Arun Kumar Jha, J.—The instant petition has been filed for quashing the order dated 28.06.2022 passed in Miscellaneous Case No. 43 of 2017 by learned Additional District Judge-XII, Muzaffarpur whereby and whereunder one of the amendments sought on behalf of the petitioner/opposite party no. 1 under Order VI, Rule-17 read with Section 151 of the Code of Civil Procedure (in short “the Code”) has been refused.
2. Briefly stated facts which appear from the record are that the petitioner, Bihar State Board of Religious Trusts (hereinafter “the Board”), issued a notification contained in Memo No. 2010 dated 07.10.2016 under Section 32 of the Bihar Hindu Religious Trusts Act, 1950 (hereinafter “the Act”) constituting a Trust Committee for management of the affairs of Seva Sangh Nyas Parshad, Saraiyaganj, Muzaffarpur which is a public Trust registered with the Board vide Registration No. 3992. The respondents filed a Miscellaneous Case bearing No. 43 of 2017 dated 15.07.2017 before the learned District Judge, Muzaffarpur under Section 32(3) of the Act, 1950 seeking the following reliefs:—
“A. That upon consideration of the facts stated above the court be pleased to set aside the scheme so se
The main legal point established is that amendments to pleadings can be allowed if necessary for deciding the rights of the parties, bonafide, and relevant, without causing prejudice that cannot be c....
Amendment in plaint can be allowed at any stage of suit even before pronouncement of Judgment – Question of requirement of filing written statement cannot be assessed by court at this stage.
The court upheld a liberal approach to amendments in pleadings, allowing inconsistencies unless they cause prejudice, emphasizing the need for effective adjudication of the real issues.
Amendments under Civil Procedure Code should be allowed to resolve real questions in controversy, provided they do not change the nature of the suit or cause undue hardship to the other party.
Amendments to written statements are permissible to clarify defenses without withdrawing admissions, particularly before trial commencement.
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