Back
KALYAN RAI SURANA
Durbal Ch. Biswas – Appellant
Versus
Legal Heirs of Late Khagendra Nath Biswas Sadananda Biswas – Respondent
ORDER :
Kalyan Rai Surana, J.
1. Heard Mr. P.S. Deka, learned senior counsel, assisted by Mr. R. Islam, learned counsel for the petitioners. Also heard Mr. P.K. Kalita, learned senior counsel, assisted by Mr. K. Bhattacharjee, learned counsel for the respondent nos. 1 to 7 and Mr. T.R. Gogoi, learned Government Advocate appearing for respondent no. 8.
2. By filing this application under Article 227 of the Constitution of India read with section 151 and 115 CPC, the petitioners have assailed the order dated 21.06.2023, passed by the learned Civil Judge (Junior Division) No.1, Dhubri (formerly called Munsif No.1, Dhubri) in connection with Misc. (J) Case No. 184/2022, arising out of T.S. No. 263/2011. By the said order, the prayer for amendment of the plaint was allowed.
Background facts:
3. The respondent nos. 1 to 7 are the plaintiffs in TS No. 263/2011, wherein the respondents had prayed for (a) declaring that power of attorney deed 64 IV of 1994 as regards 'B' Schedule land is invalid deed, and its cancellation vide deed no. 135 IV of 1996 and on death of Khagendra Nath Biswas (executant) on 15.05.1996; (b) declaration that ex-attorney holder, Prasad Biswas (defendant no.1) had no val
Amendments to pleadings should be allowed for effective adjudication unless they introduce time-barred claims or change the nature of the suit, with courts required to consider prior admissions and l....
Amendments to pleadings under Order VI Rule 17 of CPC can be permitted even post-delay if they facilitate effective adjudication and do not cause injustice to the opposing party.
Order II Rule 2 CPC operates as a bar against a subsequent suit if the requisite conditions for application thereof are satisfied and the field of amendment of pleadings falls far beyond its purview.....
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.
Amendment of plaint – If amendment is necessary for deciding real controversy between parties and for arriving at a just conclusion, such amendment could be allowed even at a late stage.
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....
An indispensable Tool for Legal Professionals, Endorsed by Various High Court and Judicial Officers
Please visit our Training & Support
Center or Contact Us for assistance
Scan Me!
India’s Legal research and Law Firm App, Download now!
For Daily Legal Updates, Join us on :
Back to top
