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IN THE HIGH COURT OF HIMACHAL PRADESH SHIMLA
HON'BLE MR. JUSTICE SATYEN VAIDYA
Baljinder Singh – Appellant
Versus
Bhagat Ram – Respondent
JUDGMENT :
Satyen Vaidya, J.
By way of instant petition, the petitioner has challenged order dated 22.02.2024 passed by learned Senior Civil Judge, Nalagarh in CMA No. 199/24 in Civil Suit No. 102/1 of 2017, whereby the application of the petitioner for amendment of written statement has been dismissed.
2. Petitioner is the defendant in original suit before the learned trial Court. The parties hereinafter shall be referred by the status as they hold before the learned trial Court.
3. Plaintiff has filed a suit against the defendant for specific performance of agreement to sell dated 11.09.2014. It is alleged that the defendant had agreed to sell the land comprised in Khata/Khatauni No. 33/35, Khasra No. 348/131, measuring 3-18 bighas, situated at Mauza Sauri, Tehsil Nalagarh, District Solan, H.P. for a total sale consideration of Rs.15,60,000/- i.e. @ of Rs.4,00,000/- per bigha. As per the plaintiff, he had paid a sum of Rs.13,00,000/- in advance towards the sale consideration to the defendant at the time of execution of agreement dated 11.09.2014. The plaintiff also claims to have been put in exclusive possession of the suit land at the time of agreement. The balance amount of Rs.2,60
Amendments to pleadings under Order 6, Rule 17 CPC are not permitted after trial commencement unless justified by due diligence.
The amendment of pleadings after trial commencement requires proven due diligence, which was not established in the case, leading to dismissal of the request.
The main legal point established in the judgment is that the amendment of pleadings at an advanced stage of the trial should be carefully considered, especially when it may prejudice the opposing par....
Amendments to pleadings post-trial commencement require demonstration of due diligence; mere assertions are insufficient.
Amendments to written statements should be liberally allowed to ensure justice, even if they introduce new defenses or clarify existing ones.
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