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HIGH COURT OF JUDICATURE FOR RAJASTHAN AT JODHPUR
SANJEET PUROHIT
Karmchand, S/o Sh. Nathu Singh – Appellant
Versus
Darshan Singh, S/o Bhag Singh – Respondent
| Table of Content |
|---|
| 1. petition challenges order rejecting amendment application. (Para 1 , 2) |
| 2. arguments regarding the nature and timing of amendments. (Para 3 , 4) |
| 3. court analysis on the implications of proceeding with the amendment. (Para 5 , 6) |
| 4. emphasis on timely amendments and their relevance. (Para 7) |
| 5. liberal approach in allowing amendments under order 6 rule 17. (Para 8 , 9 , 10) |
| 6. final decision to allow amendment regarding subsequent sale. (Para 11 , 12 , 13) |
ORDER :
SANJEET PUROHIT, J.
1. The present writ petition has been filed challenging the validity and propriety of the order dated 28.08.2019 passed by learned Sr. Civil Judge, Sri Karanpur, District Sri Ganganagar (learned trial Court) rejecting the application filed by the petitioner–plaintiff under Order 6 Rule 17 CPC seeking amendment in the plaint.
2. The facts germane to the present writ petition are that:-
2.1 The petitioner-plaintiff has preferred a suit for specific performance of agreement to sell said to be executed by defendant No.1-Darshan Singh on 31.12.1986 agreeing to sell his share in the land in question. Learned trial court while proceeding ex-parte against the respondent defendant, vide judgment and de
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.
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 VI Rule 17 of CPC should be allowed if necessary for determining real issues, provided they do not cause injustice to the other party.
Court ruled that procedural amendment requests should be allowed even after the trial begins, provided they clarify existing claims and do not introduce new issues.
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.
Timely amendment applications in civil proceedings must demonstrate due diligence, particularly after trial has commenced, to prevent delays.
Amendments to pleadings post-trial require showing of due diligence, and must not alter the fundamental nature of the case, or cause undue prejudice to the opposing party.
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