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BISWAROOP CHOWDHURY
Nemai Sadhukhan Alias Nemai Sadhukhan – Appellant
Versus
Sri Badal Das – Respondent
JUDGMENT :
Biswaroop Chowdhury, J.
The petitioner before this Court is a defendant in a suit for permanent injunction and is aggrieved by an Order dated 08.07.2022 passed by Learned Civil Judge (Junior Division) 1st Court at Howrah allowing prayer for amendment made under Order VI Rule 17 of the Code of Civil Procedure filed by the plaintiffs.
2. The case of the defendant/petitioner may be summed up thus :
2. Upon entering appearance in the said suit the opposite party no-5 has filed written statement to the said suit and the petitioner has also filed written statement along with counter claim to the said suit. The written statement of the petitioner and counter claim was initially refused by the Learned Trial Court but was subsequently accepted in terms of order passed by this Court in C.O. 2817 of 2019 allowing the written statement to be accepted with cost of Rs. 25,000/-.
3. In the meantime trial of the suit was started and plaintiff witness No.1 was subsequentl
The court emphasized the importance of bona fide amendments and a liberal approach to avoid multiplicity of litigations while considering applications for amendment under Order 6 Rule 17 of the CPC.
Amendment in plaint – Delay in filing application for amendment by itself cannot be a ground for rejecting application.
Amendment in plaint – In terms of Order VI, Rule 17 of CPC, Court may at any stage of proceedings allow either of parties to alter or amend pleadings, in such manner or on such terms, as may be just.
The proposed amendment to the plaint should be allowed if it is necessary for the just and proper disposal of the case and does not change the nature of the suit.
The court may permit amendments to pleadings during proceedings if necessary for justice and the determination of real issues, provided due diligence to raise them before trial can be established.
Application for amendment - Provision of Order VI Rule 17 CPC clear that at any stage of proceedings Court may allow either party to alter or amend pleadings as may be necessary for purpose of determ....
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