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AJOY KUMAR MUKHERJEE
Sudarshan Das – Appellant
Versus
Kamalendu Mondal – Respondent
JUDGMENT
Ajoy Kumar Mukherjee, J. - This is an application under section 227 of the Constitution of India against order No. 11 dated 17.04.2017 passed by learned Civil Judge Junior Division, 1st Court, Uluberia, in Title Suit No. 643 of 2015.
2. Petitioner as plaintiff had filed a suit against opposite parties wherein petitioner had prayed for right title interest over 'A' schedule property and had further prayed for a decree for rectification of the deed of sale , registered on 14.08.1996 and also for injunction restraining defendants no. 1 to 4 from alienating 2/3 share out of the 'A' schedule property, being Title Suit no 643 of 2015 which is now pending before learned Civil Judge (Junior Division) 1st Court Uluberia. In the said suit petitioner had filed an application for amendment of the plaint under Order 6 Rule 17 of the Code of Civil Procedure (CPC) and the said application for amendment was taken up for hearing by the Ld. Trial Judge and after hearing the parties, the learned Trial Judge by the impugned order, rejected the said application for amendment.
3. Mr. Kushal Chatterjee appearing on behalf of the petitioner submits that learned Trial judge has failed to appreciate t
The central legal point established in the judgment is the court's emphasis on minimizing litigation and allowing amendments to determine the real question in controversy between the parties.
Amendments to pleadings in civil suits must be granted if necessary for effective adjudication, provided they do not cause harm to the opposing party, affirming a liberal approach in such matters.
Amendments to the plaint should be necessary for determining the real controversy in the suit and should not change the nature or character of the original claim.
Judicial orders must be reasoned to ensure fair adjudication, and amendments to pleadings after trial commencement require justification to avoid prejudice.
Point of law: High Court can interfere in exercise of its power of superintendence, when there has been a patent perversity in the orders of the Tribunals and Courts subordinate to it or where there ....
The proposed amendment should not change the nature and character of the suit, cause prejudice, or set up an entirely new case.
The court highlighted the importance of allowing amendments to pleadings only if necessary for determining the real questions in controversy between the parties and emphasized that such amendments sh....
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