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VIVEK SINGH THAKUR
EIH Associated Hotels Limited – Appellant
Versus
Paramjet Kaur (deleted) – Respondent
JUDGMENT :
This application has been preferred by plaintiff under Order 6 Rule 17 of the Code of Civil Procedure (for short “CPC”) seeking amendment in the plaint by adding sentences in para 4 of the plaint and insertion of para 4A after para 4 of the plaint.
2. Stage of the suit is that written statement stands filed and replication thereto is yet to be filed.
3. Plaintiff has filed a suit claiming ownership of plaintiff on entire Cecil Hotel Estate including the Hotel Oberoi Cecil of which Cecil Annexee also forms a part and parcel thereof.
4. In the written statement objection has been taken by the defendant that owner of the property is Bhagwanti Oberoi Charitable Trust and not the plaintiff and, therefore, locus of plaintiff has been disputed to maintain the suit.
5. By way of proposed amendment, plaintiff seeks addition of certain sentences in para 4 of the plaint, stating therein that plaintiff is owner of structure known as Regent House Apartments and the said structure has been built on land which is property of Bhagwanti Oberoi Charitable Trust and plaintiff Company’s predecessor-in-interest EIH Limited was granted a permanent license by the aforesaid Trust to build and const
In exercise of its jurisdiction under Article 227, High Court does not act as an appellate court or tribunal and it is not open to it to review or reassess evidence upon which inferior court or tribu....
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.
The duty of the advocate to obtain relevant instructions and the need to avoid penalizing litigants for unintentional omissions.
Amendment of pleadings at the appellate stage should be allowed only in rarest of rare cases. The court should consider the issue of prejudice and the genuineness of the reasons for the amendment. Wi....
An amendment of the pleadings under Order VI Rule 17 CPC does not alter the nature and character of the suit if the amendment is predicated on the same facts and the same document.
Amendment of Written Statement – Inordinate delay in filing application for amendment of written statement cannot be allowed.
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