TUSHAR RAO GEDELA
Bakshish Singh – Appellant
Versus
Sunil Kumar Verma – Respondent
JUDGMENT
Tushar Rao Gedela, J. (Oral)
[The proceeding has been conducted through Hybrid mode]
1. The petitioner has challenged the order dated 24.11.2022 whereby the application under Order VI Rule 17 CPC, 1908 (in short "CPC") seeking amendment with respect to three letters to be inserted in paragraph 25 of the plaint in regard to valuation of the suit, was dismissed by the learned Trial Court.
2. Mr. Nikhil Malhotra, learned counsel for the petitioner submits that the requisite averments in respect of the amendment sought to be made are already contained in paragraph 25 of the plaint and therefore no prejudice would be caused to the respondent in case the three words "court fee and" are permitted to be inserted in paragraph 25.
3. Per Contra, Mr. Shyam Lal Sharma, learned counsel for the respondent submits that the learned Trial Court has applied its mind rightly to the application under order VI Rule 17 CPC and has rightly dismissed the said application vide the impugned order. Learned counsel supports the reasoning of the learned Trial Court in the impugned order.
4. Mr. Sharma also submits that the suit is at the stage of final hearing and both the parties have already submi
The court has the discretion to allow amendments to the plaint under Order VI Rule 17 CPC, especially when it would not prejudice the other party and the suit is at an advanced stage.
Procedural requirement of specifying intended amended paragraphs and providing opposing party an opportunity to object under Order VI Rule 17 of the CPC, 1908.
Amendments of pleadings should not be allowed in a routine manner after the trial has commenced, and the party seeking the amendment must show that despite due diligence, the proposed amendment could....
The power to grant amendment of the pleadings is intended to serve the ends of justice and is not governed by narrow or technical limitations. Amendments are generally allowed to avoid multiplicity o....
The main legal point established in the judgment is the necessity of amending the plaint when a new defendant is added to ensure that the plaintiff is not non-suited for lack of pleadings or resultan....
Amendment in plaint – In terms of Order VI, Rule 17 of CPC, Court may at any stage of proceedings allow either of parties to alter or amend pleadings, in such manner or on such terms, as may be just.
The main legal point established in the judgment is the necessity of allowing necessary amendments to the plaint when a new defendant is added in a pending suit to ensure that the plaintiff is not no....
Amendment to correct typographical error in plaint's property khasra number and area allowed at early stage before written statement, as it does not alter suit nature or cause action, with no due dil....
Amendments to pleadings after the commencement of trial must be supported by a finding of due diligence; failure to establish this finding renders the amendment impermissible.
The central legal point established in the judgment is the restriction on allowing amendments after the trial has commenced, as per the mandatory proviso of Order VI rule 17 of CPC.
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