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HE GAUHATI HIGH COURT (HIGH COURT OF ASSAM, NAGALAND, MIZORAM AND ARUNACHAL PRADESH)
ROBIN PHUKAN
Raj Kumar Kalita, S/O- Late Gajendra Nath Kalita – Appellant
Versus
Rina Kalita, D/O- Late Gajendra Kalita – Respondent
ORDER :
ROBIN PHUKAN, J.
Heard Mr. S. Sarma, learned senior counsel assisted by Mr. A. Gautam, learned counsel for the petitioner and Mr. S.N. Krishnatraya, learned counsel for the respondent.
2. In this petition, under Article 227 of the Constitution of India read with Section 151 of the CPC, the petitioner has put to challenge the correctness or otherwise of the order dated 16.02.2024, passed by the learned Civil Judge (Senior Division) No. 2, Kamrup (M) at Guwahati, in Misc. (J) Case No. 322/2023, arising out of Title Suit No. 518/2013.
3. It is to be noted here that vide order dated 16.02.2024, the learned Civil Judge (Senior Division) No. 2, Kamrup (M) at Guwahati has allowed the amendment petition filed by the respondent herein for amendment of the plaint.
4. Mr. Sarma, learned senior counsel appearing for the petitioner submits that the petitioner is the defendant in the Title Suit No. 518/2013, pending before the court of learned Civil Judge (Senior Division) No. 2, Kamrup (M) at Guwahati and the suit was pending at the stage of cross-examination of witnesses. Mr. Sarma further submits that the suit was instituted by the respondent in the year 2013 and the present petitioner ha
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.
Amendments to pleadings under Order VI Rule 17 CPC can be allowed at any stage of the proceedings, provided they do not change the nature of the suit or introduce new causes of action that would prej....
The court emphasized the importance of bona fide amendments and a liberal approach to avoid multiplicity of litigations while considering applications for amendment under Order 6 Rule 17 of the CPC.
Amendments to pleadings after trial commencement require demonstration of due diligence; extensions must not be granted mechanically.
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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