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IN THE HIGH COURT OF HIMACHAL PRADESH, SHIMLA
AJAY MOHAN GOEL
Purshottam Dass – Appellant
Versus
Savitri Devi – Respondent
JUDGMENT :
Ajay Mohan Goel, J.
As per report of the Registry, sole respondent stands served. As despite service, none has put in appearance on behalf of respondent, accordingly, the respondent is ordered to be proceeded against exparte.
2. By way of this petition, the petitioners have assailed order dated 14.09.2023, passed by the learned Civil Judge, Barsar, District Hamirpur, in CMA No. 564/2023, in Civil Suit No. 36/2021, in terms whereof, the application filed by the petitioners herein, under Order VI, Rule 17 of the Civil Procedure Code (hereinafter referred to as ‘CPC’), seeking amendment of the written statement, was dismissed.
3. Having heard learned Senior Counsel for the petitioners and having gone through the impugned order as well as other documents appended with the petition, this Court sees no reason to interfere with the impugned order.
4. The application was rejected by the learned Trial Court by assigning the following reasoning:-
“3. Heard. Record perused. In the written-statement, the defendant has contended that defendant No. 2 had an old house over Khasra No. 1057 and the same collapsed and defendant No. 1 has not raised any construction over the suit land. The pres
Amendments to pleadings must not alter the essence of the case without valid reasoning; otherwise, they risk prejudice to the opposing party.
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....
Court affirmed that amendments to pleadings under Order VI Rule 17 of CPC can be allowed at any stage to promote justice, provided they do not cause injustice to opposing parties.
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 must be necessary to resolve substantive disputes rather than mere denials of the defendants' claims, as per the procedural rules governing civil litigation.
The Court emphasized the necessity of proposed amendments for determining the real controversy between the parties and considered the due diligence requirement for allowing amendments after the comme....
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