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K. BABU
The Malankara Orthodox Syrian Church, Represented By Its Sabha Secretary Adv. Biju Oommen, S/o. Oommen – Appellant
Versus
Eldho Basil, S/o. E. M. Paulose – Respondent
JUDGMENT :
1. Challenge in this original petition filed under Article 227 of the Constitution of India is to the common order dated 27.1.2022 in I.A.Nos.1/2022 & 2/2022 in O.P.No.10/2022 passed by the District Court, Kottayam. Respondents 1 to 4 filed O.P.No.10 of 2022 under Section 92 of the Code of Civil Procedure (CPC), seeking leave to institute a suit for declaring that the decision of the Episcopal Synod taken on 16.9.2021 electing and nominating the Catholicos and Malankara Metropolitan of the first petitioner Church as ultravires and also for declaring the decision taken on 17.9.2021 by the Managing Committee of the Malankara Association as null and void.
2. The respondents filed applications for amending the petition to incorporate the events that occurred after the filing of the original petition by way of I.A.Nos.1 & 2 of 2022. The District Court, Kottayam allowed both the applications through a common order.
3. Heard Sri.S.Sreekumar, the learned Senior Counsel appearing for the petitioners and Sri.Dinesh R.Shenoy, the learned counsel appearing for the respondents.
4. The learned Senior Counsel for the petitioners submitted as follows:-
[The court established that amendments to pleadings can be allowed even after the commencement of trial under Order 6 Rule 17 of the CPC, provided the party demonstrates due diligence and the nature ....
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 main legal point established is that amendments to pleadings can be allowed if necessary for deciding the rights of the parties, bonafide, and relevant, without causing prejudice that cannot be c....
[The court established that amendments to pleadings under Order VI Rule 17 of the CPC can be allowed at any stage of the proceedings, provided they do not change the fundamental nature of the suit an....
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.
The main legal point established in the judgment is the limited mandate of Order VI Rule 4 of the CPC, requiring specific particulars in cases of misrepresentation, fraud, breach of trust, wilful def....
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