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On the Death of Hari Kanta Bhuyan, His Legal Heir, Barnali Bhuyan – Appellant
Versus
Pramod Kumar Sharma – Respondent
JUDGMENT :
1. Heard Mr. P.K. Kalita, the learned senior counsel appearing for the petitioner and Mr. M.K. Sharma, the learned counsel appearing on behalf of the respondent.
2. This is an application under article 227 of the Constitution of India challenging the order dated 6.12.2018 passed in Misc. (J) Case No. 509/2017 arising out of Title Suit No. 84/2011, insofar as the rejection of the application under order VI, rule 17 of the Civil Procedure Code, 1908 is concerned.
3. The factual matrix for the purpose of disposal of the instant proceeding is that the plaintiff had filed a suit being Title Suit No. 84/2011 before the Court of the Civil Judge No. 1, Kamrup (M) at Guwahati, which was subsequently endorsed to the Court of the Civil Judge No. 2, Kamrup (M) at Guwahati for disposal. In the said suit the plaintiff prayed for declaration of right, title and interest of the plaintiff and for confirmation of possession in respect to the suit land; to declare all sale deeds, power of attorney and other related documents, which were produced and relied upon by the defendant Nos. 1 and 2 as void ab initio and not binding on the plaintiff; for recovery of possession and permanent injunction
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.
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....
The main legal point established in the judgment is that the purpose of the provisions related to proposed amendment of pleadings is to protect the rights of the party and promote the ends of justice....
[The court established that amendments to pleadings can be allowed even after the commencement of trial under Order 6 Rule 17 of the CPC, provided the party demonstrates due diligence and the nature ....
Amendments in plaint – Court should adopt a liberal approach but it shall not permit party to amend pleading if it alters basic structure of suit.
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