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THE GAUHATI HIGH COURT (HIGH COURT OF ASSAM, NAGALAND, MIZORAM AND ARUNACHAL PRADESH)
DEVASHIS BARUAH
Shree Bishnu Carrier, A Partnership Firm Represented By Its Partners And Authorized Representative One Partha Partim Paul Sin Of Ltd Sudhir Krishna Paul – Appellant
Versus
Sarita Devi Saraf, Wife Of Bijoy Kumar Saraf – Respondent
| Table of Content |
|---|
| 1. petitioner's request for amendment described. (Para 4 , 5 , 6 , 8) |
| 2. respondents' objections to the amendment asserted. (Para 7 , 12) |
| 3. court's analysis of amendment's validity. (Para 9 , 10 , 11) |
| 4. court's order regarding amendment and costs imposed. (Para 13) |
JUDGMENT :
(DEVASHIS BARUAH, J.)
Heard Mr. T. J. Mahanta, the learned senior counsel assisted by Ms. P. Sarma, the learned counsel appearing on behalf of the petitioner and Mr. S. Dutta, the learned senior counsel assisted by Mr. D. J. Medhi, the learned counsel appearing on behalf of the respondent No.1.
2. Taking into account the issue involved, the presence of the proforma respondent Nos.2 & 3 is not required.
3. This Court takes up the instant proceedings for disposal at the motion stage itself.
4. It is seen from the materials on record that the petitioner herein as plaintiff had instituted a suit being Title Suit No.31/2024 seeking Specific Performance of Oral Agreement dated 12.11.2022 entered into between the petitioner as plaintiff and the defendants along with consequential reliefs. The defendant No.1 who is the respondent No.1 herein had already filed the written statement. While filing the written st
The court ruled that amendments to pleadings are permissible where the foundational agreement is alleged, despite objections regarding the character of the suit.
Amendments to pleadings under Order 6, Rule 17 CPC are not permitted after trial commencement unless justified by due diligence.
The court established that amendments to written statements can be allowed post-trial commencement if they clarify existing facts and do not prejudice the opposing party.
The court's decision emphasized that an amendment under Order VI Rule 17 of CPC should not change the nature or character of the suit or its cause of action.
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