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HIGH COURT OF RAJASTHAN (JAIPUR BENCH)
Mr. Justice Narendra Singh Dhaddha, J
SMT. RADHA RATHI W/O SHRI GIRIRAJ KUMAR RATHI – Appellant
Versus
SMT. VEERBALA MALPANI W/O LATE SHRI PRABHU NARAYAN MALPANI – Respondent
Order :
1. This civil writ petition has been filed by the petitioner Nos.1 and 2-defendants (for short 'the defendants') against the order dated 02.03.2019 passed by Additional District and Sessions Judge No.18, Jaipur Metropolitan Jaipur, in Suit No.116/2014, whereby the said Court dismissed the application filed by the defendants under Order 6 Rule 17 CPC.
2. Learned counsel for the defendants submits that respondent Nos.1 to 6-plaintiffs (for short "the plaintiffs) filed a suit for mandatory as well as permanent injunction against the defendants in which defendants filed written statement. Learned counsel for the defendants further submits that due to typographical error, defendants mentioned in their written statement that stair case is common but the same was not common, so defendants filed an application before the trial court under Order 6 Rule 17 CPC for amending the written statement filed by defendants to the effect that the stair case was not common and defendants are using it but trial court vide its order dated 02.03.2019 dismissed the application filed by the defendants. So, the amendment sought by the defendants be allowed and order dated 02.03.2019 passed by the trial
Amendments to pleadings are permissible to correct typographical errors if they do not alter the fundamental nature of the case, promoting justice.
Amendments to correct typographical errors in pleadings should be allowed as they do not affect the substance of the case.
A plaintiff is entitled to amend their plaint when subsequent parties are added, and a trial court's refusal to accept such amendments is erroneous.
The main legal point established in the judgment is the permissibility of amendments at any stage of the proceedings, the necessity of amendments for determining the real questions in controversy, an....
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.
Amendments to pleadings under Order 6 Rule 17 of CPC must be allowed if necessary for justice without causing injustice to other parties; delays should be properly compensated.
The trial Court has discretion in framing issues and did not err in dismissing the defendants' application as the proposed issues were already incorporated.
The main legal point established in the judgment is the significance of due diligence in seeking amendments to pleadings after the commencement of trial, as well as the purpose of the amendment to cu....
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