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IN THE HIGH COURT OF HIMACHAL PRADESH, SHIMLA
AJAY MOHAN GOEL
Nikhil – Appellant
Versus
Shourya Industries – Respondent
| Table of Content |
|---|
| 1. background: suit for injunction; trial court allows khasra amendment for error. (Para 1 , 2 , 3 , 4) |
| 2. parties argue amendment validity, diligence, prejudice, and suit nature change. (Para 5 , 6) |
| 3. court holds pre-trial amendment permissible for clerical khasra correction sans prejudice. (Para 7 , 8 , 9) |
| 4. petition dismissed; impugned order upheld. (Para 10) |
Judgment :
Ajay Mohan Goel, J.
By way of this petition, the petitioner has assailed order dated 03.11.2025, passed by learned Senior Civil Judge, Nahan, District Sirmour, H.P., in CMA No. 728/6 of 2025, in Civil Suit No. 124/25, in terms whereof, application filed under Order VI, Rule 17 of the CIVIL PROCEDURE CODE (hereinafter referred to as ‘CPC), by the respondent/plaintiff, stands allowed and the plaintiff stands permitted to carry out amendment in the plaint.
2. Brief facts necessary for the adjudication of this petition are that the respondent-plaintiff has filed a suit for permanent as well as mandatory injunction against the defendants, which is pending adjudication. The copy of the original plaint is appended with the petition as Annexure P-1. In terms of the averments made in the plaint, a decree is s
Amendment to correct typographical error in plaint's property khasra number and area allowed at early stage before written statement, as it does not alter suit nature or cause action, with no due dil....
Amendment in plaint – In terms of Order VI, Rule 17 of CPC, Court may at any stage of proceedings allow either of parties to alter or amend pleadings, in such manner or on such terms, as may be just.
Amendments to pleadings are permissible when necessary to resolve the real dispute between parties, particularly when issues have not been framed, to avoid multiplicity of litigation.
The court emphasized the importance of bona fide amendments and a liberal approach to avoid multiplicity of litigations while considering applications for amendment under Order 6 Rule 17 of the CPC.
Amendments to pleadings under Order VI Rule 17 of CPC require due diligence; delays in seeking such amendments post-trial commencement can justify rejection to prevent prejudice to opposing parties.
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