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SHAMPA SARKAR
Dulal Chandra Giri – Appellant
Versus
Dilip Kumar Giri – Respondent
| Table of Content |
|---|
| 1. the nature of the revisional application. (Para 1 , 2 , 3) |
| 2. evaluation of the necessity and implications of the amendment request. (Para 4 , 8 , 11 , 12) |
| 3. arguments for justifying the amendment to rectify an error. (Para 5 , 6 , 10) |
| 4. arguments against the proposed amendment. (Para 7 , 9) |
| 5. judicial precedent on amendment necessity not warranting change. (Para 13 , 15 , 16) |
| 6. application of principles from case law regarding amendments. (Para 14) |
| 7. conclusion of dismissal without costs. (Para 17 , 18 , 19) |
JUDGMENT :
Shampa Sarkar, J.
1. This revisional application was heard along with C.O No. 44 of 2021 and CO No. 45 of 2021, as common questions of law and fact were involved in all the revisional applications. However, as the order impugned in each of the revisional application arise out of separate pre-emption cases and the pre-emptees are the different, judgments are delivered separately in respect of each of these civil revisional applications.
2. The revisional application arises out of order No. 18, dated February 18, 2020 passed by the learned Civil Judge (Junior Division), Kakdwip, in Misc. Case No. 8 of 2018(8).
3. By the order impugned, the learned court b
Timely application for amendments in pre-emption cases is critical; late requests may disrupt trial proceedings and are often deemed unnecessary when existing evidence suffices for proper adjudicatio....
The main legal point established is that amendments should be allowed to place all relevant information before the court for final adjudication, unless serious injustice or irreparable loss is caused....
Amendments to pleadings under Order VI Rule 17 CPC can be allowed at any stage of the proceedings, provided they do not change the nature of the suit or introduce new causes of action that would prej....
The right of preemption is a statutory right that does not encompass the adjudication of title disputes, which must be resolved in separate proceedings.
Amendments to pleadings under Order VI Rule 17 of CPC require due diligence; delays in seeking such amendments post-trial commencement can justify rejection to prevent prejudice to opposing parties.
Point of law: Order VI Rule 17 Court may at any stage of the proceedings allow either party to alter or amend his pleadings in such manner and on such terms as may be just, and all such amendments sh....
Amendments to pleadings under Order VI Rule 17 of CPC should be allowed if necessary for determining real issues, provided they do not cause injustice to the other party.
Amendments to pleadings under Order VI Rule 17 of CPC should be allowed if necessary for justice and do not change the nature of the suit.
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