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IN THE HIGH COURT OF HIMACHAL PRADESH AT SHIMLA
HON'BLE MR. JUSTICE VIRENDER SINGH
Harbans Lal – Appellant
Versus
Babita Rani – Respondent
JUDGMENT :
Virender Singh, J.
1. Petitioners have filed the present petition, under Article 227 of the Constitution of India, against order, dated 3rd January, 2023, passed by the Court of learned Civil Judge, Court No. III, Una, District Una, H.P. (hereinafter referred to as ‘the trial Court’), in Civil Suit No. 39 of 2015, titled as Harbans Lal and others vs. Babita Rani , whereby the learned trial Court has dismissed the application, filed under Order VI Rule 17 of the Code of Civil Procedure (hereinafter referred to as ‘CPC’), filed by the petitioners-plaintiffs (hereinafter referred to as ‘the impugned order’).
2. For the sake of convenience, the parties to the lis are, hereinafter, referred to, in the same manner, as were referred to, by the learned trial Court.
3. The factual position, as borne out from the record, may be summed up, as under:
3.1. Plaintiffs have filed a suit for possession of land, measuring 16 kanal 6 marlas, being 326/4444 share, out of total land, measuring 222 kanal 4 marlas, comprised in Kewat No. 1 min, Khatauni No. 1 min, bearing khasra No. 549, as entered in the jamabandi for the years 1955-56, situated in Mohal Lal Singi, Tehsil and District Una, H.P.
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.
Amendments to pleadings are essential for effective adjudication and should be allowed unless they change the nature of the suit or cause irreparable prejudice to the other party.
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.
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.
Amendment of plaint – If amendment is necessary for deciding real controversy between parties and for arriving at a just conclusion, such amendment could be allowed even at a late stage.
A court can deny amendment requests under Order 6 Rule 17 CPC if due diligence is lacking after trial commencement.
Amendments to pleadings in civil suits must be granted if necessary for effective adjudication, provided they do not cause harm to the opposing party, affirming a liberal approach in such matters.
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