Back
IN THE HIGH COURT AT CALCUTTA, CIRCUIT BENCH AT PORT BLAIR
PRASENJIT BISWAS
Vijaya Laxmi Devi – Appellant
Versus
Suresh Kumar Choubey – Respondent
JUDGMENT :
Prasenjit Biswas, J.
1.This revisional application is preferred at the behest of the petitioners challenging the impugned order No. 33 dated 26.04.2024 passed by the learned Court of Joint Civil Judge Senior Division at Port Blair, District of South Andaman in connection with Title Suit No. 130 of 2018 (renumbered as Title Suit No. 196 of 2019).
2. By passing the impugned order learned Trial Court rejected the application filed by the plaintiffs/petitioners (herein) under Order VI Rule 17 of Code of Civil Procedure with a prayer for amendment of the plaint.
3. Being aggrieved and dissatisfied with the said impugned order passed by the learned Trial Court the instant revisional application is filed by the plaintiffs/petitioners (herein).
4. The petitioners/plaintiffs instituted a suit with a prayer for partition in respect of the suit property. The defendant No. 2/opposite party No. 2 (herein) entered appearance in that suit and filed his written statement denying all the material allegations as stated in the plaint. It is submitted by the petitioners that several documents/records have been placed alongwith written statement but the copy of the Will dated 8th July, 2009 was n
Courts should be extremely liberal in granting the prayer for amendment of pleadings unless serious injustice or irreparable loss is caused to the other side. The amendment to pleading should be libe....
Practice and Procedure - Amendment petition rejected - Without any controversy, it may be said that proposed amendment is not a product of subsequent event, and learned court below having considered ....
Amendment of plaint cannot be allowed where proposed amendment is not a product of subsequent event.
The court affirmed that amendments to pleadings are permissible at any stage before trial commencement, provided they do not cause injustice to the other party.
Point of law: Amendments should be refused only where the other party cannot be placed in the same position as if the pleading had been originally correct, but the amendment would cause him an injury....
(1) Amendment of plaint – At stage of amendment, merits or correctness of plea sought to be added is not required to be gone into.(2) Amendment of plaint – Partition suit – Mere delay in filing petit....
Amendments to pleadings in partition suits should be liberally allowed to ensure justice and avoid multiplicity of proceedings, without assessing the merits of the amendment at the initial stage.
An indispensable Tool for Legal Professionals, Endorsed by Various High Court and Judicial Officers
Please visit our Training & Support
Center or Contact Us for assistance
Scan Me!
India’s Legal research and Law Firm App, Download now!
For Daily Legal Updates, Join us on :
Back to top
