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THE GAUHATI HIGH COURT (HIGH COURT OF ASSAM, NAGALAND, MIZORAM AND ARUNACHAL PRADESH)
MITALI THAKURIA
Md. Surat Ali SK S/o Late Fajaruddin SK – Appellant
Versus
Ashraf Ali And Ors. S/o Late Daraj Ali SK – Respondent
JUDGMENT & ORDER :
MITALI THAKURIA, J.
1. Heard Mr. S. Islam, the learned counsel for the petitioner. Also heard Mr. A. Ikbal, the learned counsel appearing for the respondent nos. 1, 3, 4, 5, 6, 8 & 12.
2. These applications are filed under Article 227 of the Constitution of India read with Section 151 CPC challenging the impugned order dated 02.03.2024 passed by learned Civil Judge (Junior Division), Gossaigaon in Mis.(J) Case No. 69/2023 and Mis.(J) Case No. 70/2023 arising out of Title Suit No. 16/2021.
3. It is submitted by Mr. Islam that the father of the respondent nos. 1 to 5 namely Daraj Ali Sk has instituted a Title Suit No. 6/2015 before the learned Civil Judge, Kokrajhar for declaration of right, title and interest and khas possession over the suit property by evicting/removing the petitioner/defendant from the suit property by demolishing the structures standing on the suit property over the land measuring 3 Kathas 13 Lechas out of 2 Bighas 1 Katha of land from the schedule mentioned in the plaint. Then the present petitioner appeared in this case by filing their Written Statement (WS) and denied the claim of the plaintiff/respondent with a further claim that the defendant
Amendments to pleadings may only be granted if necessary for determining the real controversy and must not change the case's nature; mere fault of counsel cannot justify late submissions.
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.
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.
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 to written statements should be allowed liberally to facilitate justice and avoid multiplicity of litigation, as long as they do not change the underlying defense.
The court emphasized the importance of due diligence and bona fide, legitimate, and necessary amendments, while rejecting mala fide, worthless, and dishonest amendments.
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