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NUPUR BHATI
Satyanarayan Sharma, S/o. Sh. Madanlal Sharma (Tiwari) – Appellant
Versus
Ratan Devi Sharma, W/o. Mahaveer Prasad Sharma – Respondent
ORDER :
1. The present writ petition has been listed in the category of ‘for admission-notice served-reply not filed’. With the consent of learned counsel for the parties, the matter is finally heard today, itself.
2. The present writ petition has been filed under Article 227 of the Constitution of India with the following prayer:-
2. quash and set aside the impugned order dated 18.12.2014 (Annexure-13) to the extent it reject applications under O.6 R.17 and application under Section 151 CPC and, accordingly, the applications (Annex.9 and Annex.11) may kindly be allowed as prayed for.
3. pass any other order, which this Hon’ble Court deems fit and proper in the facts and circumstances of the case.
4. allow cost of the writ petition to the petitioner.”
3. Brief facts of the case are that the petitioner-plaintiff filed a suit for permanent injunction against the respondent No.1, 2, 3, contending that the mother of the petitioner-plaintiff is an old lady and suffering from illness and thus, is not in a mental state and physical condition to take care of the property in question and on account of the said illness of the petitioner-defendant’s mother, the broth
The main legal point established is that under Order 6 Rule 17 of CPC, the court may allow the parties to alter or amend their pleadings at any stage of the proceedings in such manner and on such ter....
The discretion vested in the court to allow amendment after the trial has commenced should be exercised judiciously and not randomly, and the court should consider whether, despite due diligence, the....
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.
The main legal point established in the judgment is that all necessary amendments for determining the real question in controversy should be allowed, provided it does not cause injustice or prejudice....
The principle of res judicata prevents re-agitation of previously decided issues in subsequent applications, thus maintaining procedural integrity in litigation.
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