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IN THE HIGH COURT OF GAUHATI, ASSAM, NAGALAND, MIZORAM AND ARUNACHAL PRADESH
DEVASHIS BARUAH
Gautam Maitra S/o Late Sourendra Chandra Maitra – Appellant
Versus
Bacchi Devi W/o Late Udit Mistry – Respondent
| Table of Content |
|---|
| 1. facts regarding the amendment application (Para 2 , 3) |
| 2. arguments on plaintiffs' amendment application (Para 4 , 5 , 6) |
| 3. court's observations on amendment procedure (Para 7 , 8 , 10 , 11 , 15) |
| 4. ratio decidendi on allowing amendment relief (Para 9 , 12 , 13) |
| 5. final conclusion and order (Para 14 , 16) |
JUDGMENT :
DEVASHIS BARUAH, J.
1. Heard Mr. G. Choudhury, the learned counsel appearing on behalf of the petitioners.
2. The present application has been filed under Article 227 of the Constitution challenging the order dated 04.07.2024 whereby the application filed under Order VI Rule 17 read with Section 151 of the Code of Civil Procedure, 1908 (for short, ‘the Code’) being Misc.(J) Case No.68/2021 was rejected.
3. It is relevant to take note of that the suit was filed in the year 2009 and an application seeking amendment was filed in the year 2021. The learned Trial Court had duly observed that the suit has reached the stage of official PWs after completion of the cross-examination of the plaintiffs’ witnesses and it is at that stage, the plaintiffs have sought for amendment of the plaint. The learned Trial Court held that as there was no due diligence shown on th
An amendment to a plaint may be allowed to insert a relief within the limitation period, despite procedural lapses, emphasizing that technicalities should not obstruct justice.
The court ruled that a liberal approach should be taken towards permitting amendments in pleadings, especially when crucial facts are omitted, and delay alone does not justify rejection if trial has ....
The court emphasized that procedural technicalities should be rectified in the interest of justice, allowing for amendments and reconsideration of preliminary issues without unnecessary delays.
Inadherence to procedural requirements does not preclude necessary amendments for justice, provided they are due to inadvertent errors by legal representation.
Amendments to pleadings can be allowed at any stage of proceedings to ensure justice, provided they do not change the nature of the suit or prejudice the other party.
Amendments to pleadings are permissible under Article 227 if they are necessary to resolve the real controversy, provided they do not cause undue prejudice to the opposing party.
The court highlighted the importance of allowing amendments to pleadings only if necessary for determining the real questions in controversy between the parties and emphasized that such amendments sh....
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