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ARUN KUMAR JHA
Ratan Kishore Tewary – Appellant
Versus
Pranav Tiwary – Respondent
Arun Kumar Jha, J.—The present civil miscellaneous petition has been preferred for setting aside the order dated 15.02.2023 passed in Title Suit No. 487 of 2021 by the learned Sub Judge-1, Bhagalpur whereby and whereunder the learned trial court rejected the application filed by the plaintiff/petitioner under Order 6, Rule 17 read with Section 151 of the Code of Civil Procedure (hereinafter referred to as ‘the Code’).
2. The facts of the case, as appearing from the record, are that the petitioner is one of the plaintiffs before the learned trial court and has filed Title Suit No. 487 of 2021 for declaration of title and confirmation of possession with respect to Schedule-1 land of the plaint in favour of the plaintiffs and against the defendants. The suit property is a service lane land situated in Mohalla-Jogsar, Chandi Prasad Lane, Ward No. 20, Thana- Kotwali, District- Bhagalpur, which is attached to the kitchen garden as well as house of the plaintiffs situated and constructed on Plot No. 428, Khata No. 553, measuring an area of 7 katha 4 dhur and leading to the government road in the east. This service lane is said to be 90 feet long and 12 feet wide covering an area of 1080 sq
Amendment of plaint – If amendment is necessary for deciding real controversy between parties and for arriving at a just conclusion, such amendment could be allowed even at a late stage.
Amendments to pleadings under Order VI Rule 17 of CPC can be permitted even post-delay if they facilitate effective adjudication and do not cause injustice to the opposing party.
Order II Rule 2 CPC operates as a bar against a subsequent suit if the requisite conditions for application thereof are satisfied and the field of amendment of pleadings falls far beyond its purview.....
Amendments to written statements are permissible to clarify defenses without withdrawing admissions, particularly before trial commencement.
Amendments to pleadings under Order VI Rule 17 CPC can be allowed at any stage of the proceedings, provided they do not change the nature of the suit or introduce new causes of action that would prej....
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