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IN THE HIGH COURT OF HIMACHAL PRADESH, SHIMLA
ROMESH VERMA
Harvant Singh Cheema – Appellant
Versus
Raj Cheema(deceased) through LRs. – Respondent
| Table of Content |
|---|
| 1. background of the case and parties involved. (Para 1 , 2 , 3 , 4 , 5 , 6) |
| 2. arguments presented by petitioner and respondents. (Para 7 , 8 , 10 , 11) |
| 3. court's observations on the application for amendment. (Para 12 , 13 , 14 , 15 , 16 , 20 , 21 , 22 , 23) |
| 4. criteria for allowing amendments under order 6 rule 17. (Para 17 , 18 , 19) |
| 5. final decision and dismissal of the petition. (Para 24 , 25) |
JUDGMENT :
Romesh Verma, J.
The present petition arises out of order, as passed by learned Civil Judge(Junior Division), Solan, dated 10.01.2022, whereby the application filed by the plaintiff/petitioner for amendment of the plaint has been ordered to be rejected.
2. Brief facts of the case are that the plaintiff/petitioner has filed a suit under Sections 38 and 39 of Specific Relief Act, 1963 for permanent prohibitory injunction and mandatory injunction. It has been averred in the plaint that the suit property i.e Bunglow No.17, Survey No.24, Dagshai Cantt. Dagshai, Kumarhatti, Tehsil and District Solan, H.P. was purchased by the plaintiff with his real brother Sh. Tejwant Singh Cheema, husband of the defendant Smt. Raj Cheema and the sale deed was duly registered in the jo
Amendments to pleadings post-trial commencement are not permissible unless due diligence is shown, ensuring they do not alter the fundamental character of the case.
The court reinforced that amendments post-trial initiation are disallowed if barred by limitation, emphasizing the necessity for due diligence in raising claims at the appropriate stage.
Amendment of Written Statement – Inordinate delay in filing application for amendment of written statement cannot be allowed.
Amendments to pleadings under Order VI Rule 17 of CPC should be allowed if necessary for determining real issues, provided they do not cause injustice to the other party.
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.
Suppression of revenue proceedings setting aside relied-upon mutation constitutes unclean hands, disentitling temporary injunction; High Court under Article 227 will not re-appreciate evidence or int....
Courts should be extremely liberal in granting the prayer for amendment of pleadings unless serious injustice or irreparable loss is caused to the other side. The amendment to pleading should be libe....
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