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IN THE HIGH COURT OF HIMACHAL PRADESH AT SHIMLA
Mr. Justice Satyen Vaidya, J
Cantonment Board Jutogh, Shimla – Appellant
Versus
Ishwar Dass deceased through LRs. – Respondent
JUDGMENT :
Satyen Vaidya, J.
The instant petition has been filed against order dated 31.08.2024, passed by learned Senior Civil Judge, Court No.–II, Shimla, District Shimla, H.P., in CMA No. 561-6 of 2023 in C.S. No. 900367 of 2014, whereby the application of the petitioners for amendment of written statement has been rejected.
2. Petitioners are defendants in the suit filed against them by the plaintiffs for a decree of permanent prohibitory injunction to restrain them from demolishing any part and portion of building of plaintiff bearing Survey No. 74/35, House No. 39, Sadar Bazar, Jutogh Cantonment, Shimla.
3. Defendants are contesting the suit. They have filed their written statement.
4. After the plaintiff led evidence in affirmative and the defendants also concluded their evidence, the defendants came up with an application under Order 6 Rule 17 of the Code of Civil Procedure, seeking amendments to the written statement.
5. It was averred in the application that the defendants had filed their written statement in the year 2015, but on receipt of a legal notice dated 22.04.2022, from the plaintiffs, record was scrutinized and certain new facts relevant to the controversy emerged, wh
Amendments to pleadings post-trial commencement require demonstration of due diligence; mere assertions are insufficient.
Even when the trial has commenced, if the court comes to the conclusion that in spite of due diligence, a party could not have raised the matter before the commencement of the trial, then such an app....
Judicial discretion to amend pleadings is constrained by the need for due diligence; failure to exhibit such diligence invalidates post-trial amendment requests.
The due diligence test in Order VI Rule 17 of the Code of Civil Procedure does not apply universally to all amendments after trial commencement; courts should focus on the necessity of amendments for....
Amendments to pleadings under Order 6, Rule 17 CPC are not permitted after trial commencement unless justified by due diligence.
Amendments post-trial commence require due diligence; failure to demonstrate this results in denial.
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