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AJOY KUMAR MUKHERJEE
Binapani Maity – Appellant
Versus
Debashis Payra – Respondent
| Table of Content |
|---|
| 1. background of property ownership and disputes. (Para 1 , 2 , 3 , 4) |
| 2. arguments against the amendment of the plaint. (Para 5 , 6 , 7 , 10) |
| 3. court's analysis on the proposed amendments. (Para 8 , 11 , 12 , 13 , 14) |
| 4. no material irregularity in the lower court's order. (Para 15) |
| 5. dismissal of the application. (Para 16) |
JUDGMENT :
AJOY KUMAR MUKHERJEE, J.
1. Being aggrieved and dissatisfied with the order no. 18 dated 06.02.2020 passed by learned Civil Judge (Senior Division) Kakdwip, South 24 Parganas in Title Suit No. 22 of 2019 present application under Article 227 of the Constitution of India has been preferred. By the impugned order learned court below has been pleased to allow plaintiff’s prayer for amendment of the plaint. In the prayer for amendment of the plaint plaintiff has sought to incorporate that in the plaintiff’s purchase deed schedule mentioned suit property, though the C.S. Plot No. has been correctly mentioned as 1529, being deed no. 4993 but corresponding to said plot no. 1529, the R.S. Plot no. has been wrongly written in the deed as 1796 instead of 1523. In fact said plot no. 1796 is owned by one Sneholata pyke and others and is non-suited pro
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.
Amendments to pleadings should be liberally allowed to ensure justice, especially for litigants relying on their advocates, unless they cause serious prejudice.
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.
The proposed amendment should not change the nature and character of the suit, cause prejudice, or set up an entirely new case.
Amendments to pleadings under Order VI Rule 17 of the CPC should not change the nature of the suit or introduce new causes of action, and must be necessary for the proper adjudication of the case wit....
Amendment of plaint – All amendment shall be allowed at any stage which might be necessary for the purpose of determining real question in controversy between parties.
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