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IN THE HIGH COURT OF HIMACHAL PRADESH, SHIMLA
Satyen Vaidya, J
Pradeep Singh – Appellant
Versus
Shurveer Singh – Respondent
JUDGMENT :
(Satyen Vaidya, J.)
Heard.
2. Petitioners are defendants and respondent is plaintiff in Civil Suit No. 47/1 of 2020 pending on the files of learned Senior Civil Judge Paonta Sahib, District Sirmaur (hereinafter referred to as the trial court).
3. Defendants are before this Court against the order dated 5.8.2020, passed by the learned trial Court in an application under Order 6 Rule 17 of the Code of Civil Procedure, filed by the plaintiff.
4. Learned trial Court vide impugned order has allowed the prayer of the plaintiff for amendment of plaint.
5. The facts necessary for adjudication of the petition are that on 18.6.2020, the plaintiff filed a suit before learned trial Court with the averments that he along with other co-sharers was owner in possession of land comprised in Khata/ Khatauni Nos. 52/211, Kitas 24, total measuring 28-4 bighas, situated in Mohal Kando-Cheog, Tehsil Paonta Sahib, District Sirmour, H.P (for short the ‘suit land’). Defendants were strangers to the suit land. The defendants had their old house on the lower side of the suit land which was under reconstruction. In such process, defendants had indulged in acts prejudicial to the rights of the plaintiff o
Amendments to pleadings under Order 6 Rule 17 should be liberally allowed unless they change the cause of action or cause serious injustice, focusing on the necessity for accurate description rather ....
Amendment in plaint – In terms of Order VI, Rule 17 of CPC, Court may at any stage of proceedings allow either of parties to alter or amend pleadings, in such manner or on such terms, as may be just.
Amendments to pleadings are permissible at any stage if necessary for effective adjudication, and delay alone does not warrant rejection unless it causes serious prejudice.
Amendments to pleadings under Order VI Rule 17 of the Code of Civil Procedure can be allowed to correct typographical errors that do not change the substance of the claims, especially when sought at ....
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