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DELHI HIGH COURT
C.HARI SHANKAR
Rajesh Kumar Yadav – Appellant
Versus
Ganesh Singh Yadav – Respondent
| Table of Content |
|---|
| 1. background of property dispute (Para 1 , 2 , 3 , 4 , 5 , 6) |
| 2. details of amendment application (Para 7 , 8) |
| 3. grounds for seeking amendment (Para 9 , 10) |
| 4. conditions for amendment after trial (Para 11 , 12 , 13 , 14) |
| 5. comparison with precedents (Para 15 , 16 , 17) |
| 6. judicial distinctions on amendment (Para 20 , 21 , 22 , 23) |
| 7. limitations of article 227 review (Para 24 , 25 , 28 , 29) |
| 8. final decision to dismiss petition (Para 30) |
1. This petition under Article 227 assails order dated 8th September, 2021, passed by the learned Additional Senior Civil Judge (the learned ASCJ) in CS SCJ 337/17 (Ganesh Singh Yadav v. Rajesh Kumar Yadav & Ors.). The impugned order rejects an application by the petitioner, as the defendant before the learned ASCJ, under Order VI Rule 17 of the Code of Civil Procedure, 1908 (CPC), seeking to amend the written statement filed by him in response to the suit instituted by the respondents.
2. CS SCJ 337/17, instituted by the respondent against the petitioners alleged that the petitioners were in unauthorised and illegal occupation of the property of the respondent at D-84, Ground Floor, D-Block, Madhu Vihar, New Delhi
A party seeking to amend pleadings post-trial must prove due diligence; mere claims of counsel negligence do not satisfy this requirement.
All amendments necessary for determining the real issue in controversy between the parties must be allowed, and the fact that the amendment may be belated cannot be a ground to disallow the amendment....
Amendments to pleadings under Order VI Rule 17 of the CPC should not change the nature of the suit or introduce new causes of action, and must be necessary for the proper adjudication of the case wit....
Amendments to pleadings under Order VI Rule 17 CPC can be allowed at any stage of the proceedings, provided they do not change the nature of the suit or introduce new causes of action that would prej....
Amendments to plaints should be liberally allowed, provided they do not cause injustice, ensuring precise determination of legal rights in ongoing litigation.
Amendment in plaint can be allowed at any stage of suit even before pronouncement of Judgment – Question of requirement of filing written statement cannot be assessed by court at this stage.
The court emphasized that amendments to Written Statements should be allowed liberally, especially when the suit is at an early stage, correcting the Trial Court's misapplication of res judicata prin....
[The court established that amendments to pleadings under Order VI Rule 17 of the CPC can be allowed at any stage of the proceedings, provided they do not change the fundamental nature of the suit an....
Amendments under Civil Procedure Code should be allowed to resolve real questions in controversy, provided they do not change the nature of the suit or cause undue hardship to the other party.
The High Court upheld the trial court's rejection of an amendment to the written statement, affirming that such amendments are allowed only under specific conditions and do not alter the nature of th....
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