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SHAMPA SARKAR
Swaraj Majhi – Appellant
Versus
Phelu Ram @ Phelu Dhan Hazra – Respondent
| Table of Content |
|---|
| 1. background of the partition and amendment application. (Para 1 , 2 , 3 , 4) |
| 2. lessee's rights concerning property transfers. (Para 5) |
| 3. court's observations on merits of amendments. (Para 6 , 8) |
| 4. legal principle for amendments to written statements. (Para 7) |
| 5. guidelines for granting amendment applications. (Para 9 , 10) |
| 6. conclusion allowing amendment with costs. (Para 11 , 12 , 13 , 14 , 15) |
JUDGMENT :
Shampa Sarkar, J. - The revisional application is directed against an order dated June 9, 2022, passed by the learned Civil Judge (Senior Division), 2nd Court at Howrah in Title Suit No.55 of 2016.
2. By the order impugned, the learned court below rejected an application for amendment of the written statement filed by the added defendant no.4. The defendant no.4 is the lessee in respect of a portion of the suit property which forms a part of the joint undivided property. During the pendency of the partition suit, some property which were included in the hotchpotch, had been transferred inter se between the parties. As a result of which, the landlord and/or the lessor of the defendant no.4 changed. This aspect was sought to be brought in by the defendant no.4, by fi
Amendments to pleadings in civil suits should be allowed if they assist in resolving real issues and do not cause irreparable prejudice to the opposing party.
Amendments to pleadings in civil suits should be allowed if they assist in resolving the real issues without causing irreparable prejudice to the opposing party.
Amendments to pleadings under Order VI Rule 17 should be allowed if they assist in resolving the real issues without altering the fundamental nature of the suit or causing prejudice to the opposing p....
Amendments to pleadings under Order VI Rule 17 should be allowed if they assist in resolving the real issues without altering the fundamental nature of the suit, ensuring all necessary parties are in....
The Court emphasized that amendments for partition should not alter the nature of the original suit, and that establishing title is essential before claiming partition as an independent relief.
(1) Amendment of plaint – At stage of amendment, merits or correctness of plea sought to be added is not required to be gone into.(2) Amendment of plaint – Partition suit – Mere delay in filing petit....
Amendment of Written Statement – Inordinate delay in filing application for amendment of written statement cannot be allowed.
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