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IN THE HIGH COURT AT CALCUTTA
HIRANMAY BHATTACHARYYA
Birendra Nath Barman – Appellant
Versus
Manik Guri – Respondent
| Table of Content |
|---|
| 1. application under article 227 against a lower court order. (Para 1 , 2) |
| 2. background of the property dispute and amendment application. (Para 3 , 4 , 5 , 6 , 7 , 8) |
| 3. arguments for and against amendments to the plaint. (Para 9 , 10) |
| 4. court's analysis of pleading rules and requirements. (Para 11 , 12 , 13 , 14 , 15 , 22 , 24) |
| 5. criteria for allowing amendments. (Para 28) |
| 6. conclusion and dismissal of the application. (Para 34 , 35) |
JUDGMENT :
HIRANMAY BHATTACHARYYA, J.
1. This application under Article 227 of the Constitution of India is at the instance of the plaintiff and is directed against an order being No. 44 dated March 05, 2025 passed by the learned Civil Judge (Junior Division) 2nd Court, Tamluk, Purba Medinipur in Title Suit No. 35 of 2021.
2. By the order impugned, the application for amendment of plaint was allowed
3. The case made out by the petitioner in the plaint is that one Surendra Nath Barman sold and transferred land and a portion of a waterbody as specifically described in “Ka” schedule of the plaint in favour of the petitioner by a registered deed of conveyance dated 13.04.1994 . Petitioner claims that while in possession of the said “Ka” schedul
Amendments to pleadings must be necessary to resolve substantive disputes rather than mere denials of the defendants' claims, as per the procedural rules governing civil litigation.
Amendments to pleadings should be allowed to ensure effective adjudication, provided they do not alter the basic structure of the suit or infringe upon the rights of the opposing party.
Amendments to pleadings are allowed only when they're necessary for deciding existing disputes, not for introducing entirely new cases.
Court affirmed that amendments to pleadings under Order VI Rule 17 of CPC can be allowed at any stage to promote justice, provided they do not cause injustice to opposing parties.
The court highlighted the importance of allowing amendments to pleadings only if necessary for determining the real questions in controversy between the parties and emphasized that such amendments sh....
Amendments to plaints must not alter the substance of the case or allow contradictory claims without proper justification, requiring careful judicial consideration.
The court emphasized a liberal approach to amendments in written statements, allowing alternative defenses to ensure a complete adjudication and prevent the miscarriage of justice.
Amendments to written statements should be allowed liberally to facilitate justice and avoid multiplicity of litigation, as long as they do not change the underlying defense.
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