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IN THE GAUHATI HIGH COURT (HIGH COURT OF ASSAM, NAGALAND, MIZORAM & ARUNACHAL PRADESH)
Susmita Phukan Khaund
Ishrawati Devi W/O Ram Bachan Robidas – Appellant
Versus
Osman Gani Mollah S/O Late Akbor Ali – Respondent
| Table of Content |
|---|
| 1. factual background of the case and parties involved (Para 1 , 2 , 3 , 4 , 5 , 6 , 7 , 8 , 9 , 10 , 11 , 12 , 13 , 14 , 15) |
| 2. arguments against amendment due to delay (Para 16 , 17 , 18 , 19) |
| 3. arguments for amendment based on justice and possession (Para 20 , 21 , 22 , 23) |
| 4. court's reasoning for allowing amendment (Para 24 , 25 , 26 , 28 , 29 , 30) |
| 5. legal guidelines on amendments under cpc (Para 31 , 32 , 33 , 34 , 35 , 36) |
| 6. final order and upholding trial court's decision (Para 37 , 38 , 39) |
| 7. conclusion and directive to trial court (Para 40 , 41 , 42) |
JUDGEMENT :
Susmita Phukan Khaund, J.
Factual Matrix :-
This petition is filed under Article 227 of the Constitution of India, assailing the order dated 31.05.2023 passed by the learned Munsiff No. 1, Goalpara in Misc. (J) Case No. 118/2022 arising out Title Suit No. 125/2007.
2. The petitioners in this case are Smti. Ishrawati Devi and Shri Ram Bachan Robidas and they were the original plaintiffs, who brought up the Title Suit No. 125/2007 against the respondents Osman Gani Mollah, Nazimuddin Ahmed, Nazmul Haque and Naziruddin Ahmed, who were arrayed as defendants in the original Title Suit. The petitioners and the
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.....
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 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.
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