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SAMEER JAIN
Tulsi Devi – Appellant
Versus
Laddu Gopal Tanwar – Respondent
| Table of Content |
|---|
| 1. jurisdiction of high court in writ petition (Para 1 , 2) |
| 2. arguments on amendment and pleadings (Para 3 , 4) |
| 3. counterarguments in support of impugned order (Para 5 , 6) |
| 4. court's reasoning on striking pleadings (Para 7 , 8) |
| 5. dismissal of the writ petition (Para 9) |
JUDGMENT :
(Sameer Jain, J.)
With consent of learned counsel for the parties, the matter was taken up for final disposal.
2. The lis in question arises out of the order dated 16/09/2015 passe by learned District Judge, Jaipur Metropolitan City, Jaipur in Civil Suit No.287/2015 whereby the application filed by the plaintiff-petitioner under Order 6, Rule 16 read with section 151 CPC has been rejected.
3. Learned counsel for the plaintiff-petitioner submitted that one application bearing no.1150/2010 was filed on 25/03/2010 for grant of probate in respect of will dated 15/02/2007 and reply to the said application was filed by defendant-respondent no.4. The said application was registered as Civil Suit No.287/2015 and the defendant-respondent filed their written statements/reply. An application was filed by the plaintiff-petitioner under Order 6, Rule 17 read with section 151 of CPC to substitute the term
The main legal point established in the judgment is the necessity of amending the plaint when a new defendant is added to ensure that the plaintiff is not non-suited for lack of pleadings or resultan....
Clarity and decipherability are crucial in applications for amendments to pleadings, and lack of clarity may lead to dismissal of the application.
The court affirmed that amendments to pleadings should be allowed liberally to ensure effective adjudication of the real questions in controversy, provided they do not cause injustice to the other si....
The court highlighted the importance of allowing amendments to pleadings only if necessary for determining the real questions in controversy between the parties and emphasized that such amendments sh....
Amendment of Written Statement - Admissions made in the pleadings cannot be permitted to be withdrawn by amendment, but application may be made for explaining the clarification in the admissions.
The judgment establishes the principle that while clarificatory amendments to pleadings may be allowed, attempts to withdraw admissions and set forth an entirely new case through amendments are imper....
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