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DELHI HIGH COURT
C.HARI SHANKAR
Lalit Mohan Madhan – Appellant
Versus
Om Prakash Gupta – Respondent
1. The impugned order dated 8th January 2020, passed by the learned Additional Senior Civil Judge (the learned ASCJ) in CS 1448/2018 (Om Prakash Gupta v. Subhash Chand Goel) allows an application under Order VI Rule 171 of the Code of Civil Procedure, 1908 (CPC) filed by the plaintiff in the suit, who is the respondent before this Court.
2. Aggrieved thereby, the petitioner, as defendant in the suit, has approached this Court under Article 227 of the Constitution of India.
Facts
3. CS 1448/2018 ("the suit") was instituted by the respondent Om Prakash Gupta against various defendants, of which the petitioner was Defendant 2. The suit was instituted in respect of the plot of land Plot No. 26, Street No. B/l of Site-B, Vasant Vihar, New Delhi ("the suit property"). It was averred, in the suit, that the entire piece of land, on which the suit property was situated, was originally owned by the Ministry of Housing and Urban Development (MoHUD) who, vide a lease deed dated 28th May 1968, leased out the land to the Governments Servants Cooperative House Building Society ("the Society"). The lease was expressly for the purpose of sub-leasing the plot to the members of
Amendments to plaints should be liberally allowed, provided they do not cause injustice, ensuring precise determination of legal rights in ongoing litigation.
Point of Law : In case there is no proper pleading to support the relief as claimed in petition, then respondent has no opportunity to resist or oppose such relief, and if court considers and grant s....
Amendments to pleadings under Order VI Rule 17 of CPC should be allowed if necessary for justice and do not change the nature of the suit.
Amendments to pleadings under Order VI Rule 17 of CPC should be allowed if necessary for determining real issues, provided they do not cause injustice to the other party.
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.
A party seeking to amend pleadings post-trial must prove due diligence; mere claims of counsel negligence do not satisfy this requirement.
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 Court may allow amendment of pleadings at any stage of the proceedings for just decision of the case and to determine the real questions in controversy between the parties.
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