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HIGH COURT OF RAJASTHAN (JAIPUR BENCH)
HON'BLE MR. JUSTICE NARENDRA SINGH DHADDHA, J
MANOHAR SINGH S/O JORAVAR SINGH – Appellant
Versus
JHABAR SINGH S/O GULAB SINGH – Respondent
Order :
1. This Civil Writ Petition has been filed by the petitioner-plaintiff (for short 'the plaintiff') against the order dated 29.08.2024 passed by Civil Judge & Judicial Magistrate, Sambhar Lake, District Jaipur in Civil Suit No.45/2024, whereby application dismissed.
2. Learned counsel for the plaintiff submits that plaintiff filed a suit for specific performance and permanent injunction against the respondents-defendants (for short 'the defendants') in which plaintiff filed an application under Order 1 Rule 10 CPC, which was allowed by the trial court and the subsequent purchasers were impleaded as party defendant. Learned counsel for the plaintiff also submits that plaintiff filed amended plaint including consequential amendment as per order 1 Rule 10 CPC, but the defendant No.3 raised objection before the trial court by filing the application under Section 151 CPC. The trial court vide order dated 01.06.2024 allowed the application filed by the defendant No.3 and placed the amended plaint in part D of the record.
3. Learned counsel for the plaintiff also submits that plaintiff filed an application under Order 6 Rule 17 CPC for amendment in the pleadings but trial court vide o
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.
Application for amendment - Provision of Order VI Rule 17 CPC clear that at any stage of proceedings Court may allow either party to alter or amend pleadings as may be necessary for purpose of determ....
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's decision emphasized that an amendment under Order VI Rule 17 of CPC should not change the nature or character of the suit or its cause of action.
Court emphasized a liberal approach in allowing amendments under Order VI Rule 17, especially when necessary for complete adjudication and no significant prejudice to other party is caused.
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.
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