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AJOY KUMAR MUKHERJEE
Ayub Ali Sarkar – Appellant
Versus
Md. Bader Ali Mia – Respondent
JUDGMENT :
Ajoy Kumar Mukherjee, J.
1. This application under Article 227 of the Constitution of India has been preferred against order dated 20th February, 2018 passed by the learned Civil Judge (Junior Division), Additional Court, Cooch Behar in connection with Title Suit No. 02 of 2008. By the impugned order learned Court below rejected plaintiffs application under Order VI rule 17 of the Code of Civil Procedure (hereinafter referred as code).
2. Petitioners case in a nutshell is that petitioners as plaintiffs filed aforesaid suit for declaration and injunction against the defendant/opposite party no. 1, 2, 3 herein. During pendency of the suit, petitioners herein filed an application under order VI rule 17 of the Code for incorporation of a prayer in the plaint to the effect that the sale deed dated 12.12.2007 in favour of defendants is false, fictitious and fraudulent deed and the defendants have never acquired any right, title interest in the suit property, by dint of said deed.
3. The opposite parties herein as defendants filed their written objection in connection with the said application, contending that the proposed amendment, if allowed will change the nature and character
Amendments to plaints should be allowed if necessary to determine real issues and do not cause injustice, even if filed after trial commencement.
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.
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.
The main legal point established in the judgment is that the court may permit the amendment of a plaint under Section 151 CPC if the omission of a prayer in the amended plaint was inadvertent and not....
Amendments to pleadings in civil suits must be granted if necessary for effective adjudication, provided they do not cause harm to the opposing party, affirming a liberal approach in such matters.
The court reinforced that amendments post-trial initiation are disallowed if barred by limitation, emphasizing the necessity for due diligence in raising claims at the appropriate stage.
Point of law: High Court can interfere in exercise of its power of superintendence, when there has been a patent perversity in the orders of the Tribunals and Courts subordinate to it or where there ....
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