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IN THE HIGH COURT OF HIMACHAL PRADESH, SHIMLA
AJAY MOHAN GOEL
Nanak Chand – Appellant
Versus
Madan Lal Coram – Respondent
| Table of Content |
|---|
| 1. procedural history and local commissioner report on fresh construction. (Para 1 , 6) |
| 2. petitioner argues amendment needed for events during appeal. (Para 2 , 3) |
| 3. respondent contends commissioner report lacks legal validity. (Para 4) |
| 4. court reviews hearing, facts, and commissioner findings. (Para 5 , 7) |
| 5. amendment allowed at appellate stage for due diligence, justice. (Para 9 , 10) |
| 6. petition allowed; impugned order set aside. (Para 11) |
JUDGMENT :
Ajay Mohan Goel, J.
By way of this petition, the petitioner has assailed the order passed by the learned Appellate Authority, in terms whereof, the application filed by the petitioner herein under Order 6 Rule 17 of the CIVIL PROCEDURE CODE seeking an amendment of the plaint has been dismissed.
2. Learned Senior Counsel for the petitioner has argued that the petitioner has filed a suit for injunction which was dismissed by the learned Trial Court. Feeling aggrieved, the petitioner preferred an appeal. During the pendency of the appeal, the petitioner preferred an application under Order 39 Rule 1 and 2 of the CIVIL PROCEDURE CODE , in which a status quo order was passed by the learned Appellate Court in terms of Annexu
Plaint amendment under Order VI Rule 17 CPC allowable at appellate stage for subsequent events if due diligence met; premature assessment of Local Commissioner's report veracity renders rejection per....
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.
The party alleging a boundary dispute must prove its allegations and cannot abuse the provision of Order 26, Rule 9 of the Code of Civil Procedure to create evidence.
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 post-trial commencement are not permissible unless due diligence is shown, ensuring they do not alter the fundamental character of the case.
Trial Court exceeded its jurisdiction by soliciting interim reports contrary to the Supreme Court’s directive, leading to the quashing of its Orders.
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