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IN THE HIGH COURT OF JUDICATURE FOR RAJASTHAN AT JODHPUR
MUNNURI LAXMAN
Harisingh @ Harish S/o Shri Kishanlal – Appellant
Versus
Legal Heirs of Kesharsingh, S/o Santosh Singh – Respondent
JUDGMENT :
1) The present writ petition has been filed challenging the order dated 09.02.2024 passed by the learned Additional District Judge No.3, Jodhpur Metropolitan in Civil Original Suit No.14/2009 (NCV No.10844/2014), whereby the application filed by the defendants seeking amendment of pleadings and relief in the counter-claim, has been allowed.
2) The present petition has been filed at the instance of the plaintiff in the suit.
3) The background of the facts reveled that the plaintiff filed a suit to declare that the sale agreement dated 20.03.2006 and Power of Attorney dated 30.03.2006 were not executed by him and consequently, sought to declare the sale-deed dated 11.07.2006 as null and void. Additionally, he also sought relief for cancellation of mutation made in pursuance of the sale-deed.
4) It appears that the plaintiff filed an application seeking interim injunction. The same was dismissed by the trial court as well as the appellate court and revisional court. The defendants also filed written statement and counter-claim seeking perpetual injunction restraining the plaintiff from interfering their possession on the basis of agreement for sale and sale-deed.
5) During the p
Amendments to pleadings may be allowed post-trial commencement if due diligence is shown, ensuring all claims are resolved in one proceeding to prevent multiplicity of litigation.
Amendment to add possession relief in declaration suit permissible pre-trial despite delay and framed issues if cause arose post-institution within limitation, avoiding multiplicity where separate su....
Amendments to pleadings under Order 6 Rule 17 CPC are permissible if they do not change the fundamental character of the suit and aim to avoid multiplicity of proceedings.
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