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IN THE HIGH COURT OF HIMACHAL PRADESH, SHIMLA
RAKESH KAINTHLA
Om Prakash – Appellant
Versus
Curehealth Pharmaceutical Pvt. Ltd. – Respondent
| Table of Content |
|---|
| 1. overview of the petition and the plaintiffs' claims (Para 1 , 2 , 3) |
| 2. opposition to amendment and arguments on limitation (Para 4 , 6 , 7) |
| 3. court's consideration of procedural aspects of the amendment (Para 5 , 9 , 10 , 11) |
| 4. undisputed facts regarding the lease deed (Para 12 , 13) |
| 5. legal principles on deemed knowledge and limitation (Para 14 , 15) |
| 6. judicial discretion in allowing amendments (Para 16 , 17) |
| 7. final rulings on limitations for amendments (Para 18 , 19) |
| 8. conclusion and order of the court (Para 20 , 21 , 22) |
JUDGMENT :
Rakesh Kainthla, J.
The present petition is directed against the order dated 18.02.2022, passed by learned Civil Judge, Court No.1, Solan, District Solan, H.P., vide which the application under Order 6 Rule 17 of CPC read with Section 151 of CPC for the amendment of the plaint filed by the respondents (plaintiffs before the learned Trial Court) was allowed. (Parties shall hereinafter be referred to in the same manner as they were arrayed before the learned Trial Court for convenience).
2. Briefly stated, the plaintiffs filed a Civil Suit before the learned Trial Court for seeking a declaration that the cancellation of Lease Deed No.
Amendments to pleadings are not permissible if they are barred by limitation, emphasizing the importance of timely legal actions, as established in relevant Supreme Court authorities.
Court's discretion allows amendments even if time-barred, provided they don't change the suit's nature and serve justice.
Amendments to pleadings under Order VI Rule 17 of CPC should be allowed if necessary for justice and do not change the nature of the suit.
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