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IN THE HIGH COURT OF HIMACHAL PRADESH, SHIMLA
Rakesh Kainthla
Neeraj Kumar – Appellant
Versus
Dasondhi Lal – Respondent
| Table of Content |
|---|
| 1. factual background of the case. (Para 1 , 2) |
| 2. plaintiffs sought amendment to the counter-claim. (Para 3 , 4) |
| 3. trial court's dismissal of amendment application. (Para 5 , 6) |
| 4. high court's supervisory jurisdiction under article 227. (Para 10 , 11) |
| 5. limitations on amendment applications. (Para 12 , 13) |
| 6. discretion of the court in allowing amendments. (Para 14 , 15 , 16) |
| 7. due diligence requirement for amendments. (Para 17 , 18) |
| 8. pre-emption rights and amendment limits. (Para 19 , 21) |
| 9. rejection of amendment based on merits. (Para 22 , 23 , 24) |
| 10. final order and dismissal of the petition. (Para 25 , 26) |
Rakesh Kainthla, J.
1. The petitioners (plaintiffs before learned Trial Court) have filed the present petition against the order dated 18.12.2020 passed by learned Senior Civil Judge, Nahan (learned Trial Court), vide which the application seeking amendment of the plaint was dismissed. (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 facts giving rise to the present petition are that the plaintiffs have filed a civil suit before the learned Trial Cou
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