Back
THE GAUHATI HIGH COURT (HIGH COURT OF ASSAM, NAGALAND, MIZORAM AND ARUNACHAL PRADESH)
DEVASHIS BARUAH
Ramesh Kumar Agarwal S/o Lt Gyaniramji Agarwal – Appellant
Versus
Rajendra Prasad Choudhury And Ors S/O Lt Rammurat Choudhury – Respondent
JUDGMENT AND ORDER (ORAL)
Heard Mr. B. Sharma, the learned counsel appearing on behalf of the petitioner and Mr. L. K. Borah, the learned counsel appearing on behalf of the respondents.
2. The petitioner herein who was the defendant No.5 in Title Suit No.356/2016 has approached this Court by invoking the supervisory jurisdiction of this Court to challenge the order dated 09.05.2024 passed in Petition No.5289/2023 whereby the application filed by the respondent herein who was the plaintiff in the suit under Order VI Rule 17 of the Code of Civil Procedure, 1908 (for short, ‘the Code’) was allowed.
3. Taking into account that delay in disposal of the instant application would impact on the disposal of Title Suit No.356/2016, this Court has taken up the instant proceedings for disposal at the motion stage, more so when the respondent who is on caveat is duly represented.
4. From the materials on record, it is seen that the respondent herein as plaintiff had instituted a suit against the petitioner and proforma opposite parties herein. The said suit was filed seeking declaration of the plaintiff’s right, title and interest and enjoyment of the lift in the four storied RCC building as descri
Amendments to pleadings after trial commencement require demonstration of due diligence; extensions must not be granted mechanically.
Amendments to pleadings post-trial require showing of due diligence, and must not alter the fundamental nature of the case, or cause undue prejudice to the opposing party.
The due diligence test in Order VI Rule 17 of the Code of Civil Procedure does not apply universally to all amendments after trial commencement; courts should focus on the necessity of amendments for....
Amendment of plaint – When an amendment is allowed, said amendment should not unfairly prejudice other side – Normally when an amendment is allowed, it dates back to date of institution of suit.
Amendments to pleadings under Order VI Rule 17 of CPC require due diligence; delays in seeking such amendments post-trial commencement can justify rejection to prevent prejudice to opposing parties.
Amendments post-trial commence require due diligence; failure to demonstrate this results in denial.
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
