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IN THE HIGH COURT OF JUDICATURE FOR RAJASTHAN BENCH AT JAIPUR
BIPIN GUPTA
Shanker Steel Supplier – Appellant
Versus
Rampur Engineering Company Limited – Respondent
| Table of Content |
|---|
| 1. writ petition challenging an order rejecting plaint amendment. (Para 1 , 2) |
| 2. pleadings initiated by plaintiff and defense response. (Para 3 , 4) |
| 3. trial court's refusal to permit amendment post trial commencement. (Para 5 , 6) |
| 4. plaintiff's arguments for necessity of clarifying amendments. (Para 8) |
| 5. defense contests delayed amendment application. (Para 9) |
| 6. court's assessment of original and proposed pleadings. (Para 10 , 11) |
| 7. criteria for allowing amendments as per procedural law. (Para 12 , 13) |
| 8. clarification on necessity for equitable amendment to ensure fair adjudication. (Para 14 , 15 , 16) |
| 9. legal obligations for proper pleadings in civil matters. (Para 17 , 18) |
| 10. judicial discretion regarding amendment vs. withdrawal of suits. (Para 19 , 20) |
| 11. court’s ruling allowing amendment and setting aside previous order. (Para 21 , 22) |
| 12. final directives for proceeding with the amended plaint. (Para 23 , 24) |
JUDGMENT :
BIPIN GUPTA, J.
1. The present writ petition has been filed assailing the order dated 01.09.2023 passed by the learned Commercial Court No. 2, Jaipur Metropolitan-II in Civil Suit No. 94/2023 (CIS No. 122/2020), whereby the application filed by the
Courts should allow amendments to pleadings post-commencement of trial if necessary for proper adjudication, and not penalize litigants for counsel's inadvertence.
Order 6 Rule 17 CPC, which reads as amendment of pleadings.
Amendments to pleadings under Order VI Rule 17 of CPC should be allowed if necessary for determining real issues, provided they do not cause injustice to the other party.
Amendments to pleadings under Order VI Rule 17 of CPC should be allowed if necessary for justice and do not change the nature of the suit.
Amendments to pleadings under Order 6, Rule 17 CPC should be liberally allowed unless they cause serious injustice or change the nature of the suit.
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