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SHALINDER KAUR
Anwar Khan – Appellant
Versus
Moinuddin & Ors – Respondent
JUDGMENT (Oral)
1. The present petition under Article 227 of the Constitution of India has been filed assailing the order dated 02.05.2023 passed by the learned Civil Judge-05, Tis Hazari Courts, Delhi (hereinafter referred to as "Trial Court") in CS/SCJ No.326108/2014 titled as "Anwar Khan vs. Moinuddin & Ors". The petitioner herein is the plaintiff and the respondents are the defendants before the learned Trial Court.
2. The petitioner had filed an application under Order VI Rule 17 of the Code of Civil Procedure, 1908 (hereinafter "CPC") seeking amendment of prayer clause in the original plaint which was dismissed by the learned Trial Court. The relevant facts for disposal of present petition are that the petitioner has filed a suit for permanent and mandatory injunction as well as damages against the respondent. The case of the petitioner is that the respondent nos.1 to 4 in connivance with the respondent no.5 arbitrarily disconnected the electricity meter of the petitioner, due to which the shop of the petitioner remained shut from 28.06.2011, causing him huge economic loss.
3. After the restoration of the meter, on 01.08.2015, the respondent nos.1 to 4 forcibly entered the shop
The judgment emphasizes the expansive attitude required in allowing amendments to the plaint prior to trial and the plaintiff's right to claim damages as deemed appropriate.
Amendments to pleadings are permissible unless trial has commenced, emphasizing the necessity for courts to assess due diligence in such applications.
The amendments to a plaint must be necessary for determining the real question in controversy between the parties and should not introduce a new case or be mala fide. Amendments should be allowed if ....
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