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IN THE HIGH COURT OF JUDICATURE AT PATNA
ARUN KUMAR JHA
Brij Mohan Mishra S/o Late Baldeo Mishra – Appellant
Versus
Kripa Kuwar W/o Late Krishna Mohan Mishra – Respondent
JUDGMENT :
ARUN KUMAR JHA, J.
1. Heard learned counsel for the parties on the point of admission and I intend to dispose of the present petition at the stage of admission itself.
2. The petitioner is aggrieved by the order dated 21.06.2018 passed by the learned Sub Judge, Areraj in Partition Suit No. 984 of 2014 whereby and whereunder the learned Sub Judge allowed the amendment petition dated 10.05.2018 filed by the plaintiffs/respondents, for amendment in the plaint, under Order VI Rule 17 read of the Code of Civil Procedure (for short ‘the Code’).
3. Learned counsel for the petitioner submits that the petitioner is the defendant in Partition Suit No. 984 of 2014 which has been filed by the plaintiffs/respondents seeking ½ share in the suit property. During pendency of the trial, plaintiffs filed a petition on 10.05.2018 under Order VI Rule 17 of the Code for amendment of plaint. By filing the application for amendment, the plaintiffs sought declaration to the effect that any deed of gift or Will executed by his mother is wrong and illegal and his mother has got no right to execute the Will or gift deed and the same was not binding upon the plaintiffs. The defendant/petitioner filed h
Amendments introducing time barred claims are impermissible after trial commencement unless due diligence is demonstrated by the party seeking the amendment.
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....
The main legal point established in the judgment is the need for liberal allowance of amendments under Order VI Rule 17 to avoid multiplicity of proceedings and to consider the substantive rights of ....
Amendment of Written Statement – Inordinate delay in filing application for amendment of written statement cannot be allowed.
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