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SHAMPA SARKAR
Anupam Saha – Appellant
Versus
Sachindra Nath Das – Respondent
JUDGMENT :
Shampa Sarkar, J.
Affidavit of service filed by the petitioner is taken on record.
2. Despite service, none appears on behalf of the opposite party.
3. This revisional application is directed against an order dated January 25, 2023, passed in Title Suit No.40 of 2021, by the learned Civil Judge (Junior Division), 2nd Court, Chandannagar, Hooghly. By the order impugned, the application under Order 6, Rule 17 of the Code of Civil Procedure filed by the defendant was allowed.
4. The defendant wanted to incorporate a fact, which could not be incorporated in the written statement, due to bona fide mistake. The fact sought to be incorporated was that the plaintiff/petitioner had taken an amount of Rs.25,000/- from the defendant and the plaintiff agreed not evict the defendant. The defendant was allowed to possess the suit property till he ran business therefrom. The defendant was around 72 years old.
5. The petitioner has challenged the order on the ground that the said amendment could not have been allowed at the stage of evidence. By allowing the amendment, the learned court below has acted contrary to the proviso to Order 6, Rule 17 of the Code of Civil Procedure. The facts which
Courts should adopt a liberal stance when considering amendments to the written statement, recognizing that prejudice to the opposing party is less likely.
The court emphasized the importance of due diligence and bona fide, legitimate, and necessary amendments, while rejecting mala fide, worthless, and dishonest amendments.
Amendments to written statements are essential for effective adjudication and should be allowed liberally, especially when new evidence is introduced.
The court emphasized a liberal approach to amendments in written statements, allowing alternative defenses to ensure a complete adjudication and prevent the miscarriage of justice.
Amendments to pleadings should not be allowed if they fundamentally change the nature and character of the case and if a fresh suit on the amended claims would be barred by limitation. Admissions in ....
Point of Law : Order 6 Rule 17 of the Code of Civil Procedure deals with amendment of pleadings which provides that the court may at any stage of the proceedings allow either party to alter or amend ....
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