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ASHOK KUMAR GAUR
Gopaldutt Mishra – Appellant
Versus
Anand Singh – Respondent
ORDER
1. This case has checkered history.
2. The petitioners-plaintiffs filed S.B. Civil Writ Petition No.3062/2014 before this Court challenging the order dated 28.01.2014, whereby application filed by the petitioners under Order 6 Rule 17 CPC read with Section 151 CPC, was dismissed.
3. The Civil Court on account of issues being framed in the suit and evidence of the plaintiffs being recorded and considering the fact of dismissal of stay petition by the High Court, found that the petitioners did not exercise their due diligence in seeking amendment of their pleadings and as such amendment application came to be dismissed.
4. The writ petition of the petitioners was decided finally by a Coordinate Bench of this Court on 27.11.2014 and while writing the order, this Court found that in the interest of justice, documents sought to be placed on record were allowed to be taken on record subject to payment of cost of Rs.2,000/- to the respondents-defendants.
5. The petitioners immediately filed the present Misc. Application No.379/2014 for seeking correction/modification in the order dated 27.11.2014. The Coordinate Bench of this Court after hearing counsel for both the parties, modified the
The main legal point established in the judgment is that the court has the discretion to allow the necessary amendments in pleadings and can impose costs for frivolous litigation.
The court permits amendments to pleadings under Order VI Rule 17 of CPC when necessary for complete adjudication, emphasizing a liberal approach and avoiding hyper-technical refusals.
The power to grant amendment of the pleadings is intended to serve the ends of justice and is not governed by narrow or technical limitations. Amendments are generally allowed to avoid multiplicity o....
Amendment in plaint – In terms of Order VI, Rule 17 of CPC, Court may at any stage of proceedings allow either of parties to alter or amend pleadings, in such manner or on such terms, as may be just.
Amendment to correct typographical error in plaint's property khasra number and area allowed at early stage before written statement, as it does not alter suit nature or cause action, with no due dil....
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