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DINESH MEHTA
Gram Panchayat – Appellant
Versus
Kalulal – Respondent
ORDER
1. The petitioners have challenged the order dated 01.09.2021, whereby the learned Judicial Magistrate, Sarada, Udaipur (hereinafter referred to as the 'trial Court') has allowed the respondents' amendment application dated 08.07.2021 to be filed under Order VI Rule 17 of the Code of Civil Procedure (for short the 'Code').
2. The facts narrated briefly are, that the respondents -plaintiffs instituted a suit for permanent and mandatory injunction on 26.03.2021.
3. On 08.07.2021, the respondents - plaintiffs filed an amendment application under Order VI Rule 17 of the Code and stated that due to inadvertence, they have wrongly inscribed area of the land covered by the 'patta' in question as 900 square feet whereas the correct area is 1800 square feet.
4. The application was opposed by the present petitioners (defendants No.l & 2) by way of filing a reply on 13.08.2021, inter alia, stating that the error in question cannot be said to be a bonafide error/mistake.
5. The trial Court allowed the respondents' application vide its order dated 01.09.2021.
6. Mr. Shah, learned counsel for the petitioners, submitted that trial Court has committed an error of law in accepting respondents' amen
Amendments to pleadings under Order VI Rule 17 of the Code of Civil Procedure can be allowed to correct typographical errors that do not change the substance of the claims, especially when sought at ....
The central legal point established in the judgment is the requirement of due diligence for allowing amendments to pleadings after the commencement of trial, as per Order VI Rule 17 of CPC and establ....
The court ruled that typographical errors in judgments and decrees can be rectified under Section 152 of the Code of Civil Procedure, ensuring accuracy in legal documents.
Amendments to pleadings must not change the fundamental nature of the suit, as established under Order 6 Rule 17 of the Civil Procedure Code.
Amendments to pleadings under Order 6 Rule 17 should be liberally allowed unless they change the cause of action or cause serious injustice, focusing on the necessity for accurate description rather ....
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