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PRADEEP KUMAR SRIVASTAVA
Shanti Devi W/o Shri Vijay Kumar Singh – Appellant
Versus
Anand Prasad Sao S/o Late Deo Charan Sao – Respondent
JUDGMENT :
PRADEEP KUMAR SRIVASTAVA, J.
1. Heard learned counsel for the parties.
2. Present petition under article 227 of Constitution of India has been filed by the defendant/petitioner for quashing the order dated 30.11.2021 (Annexure-5) passed by the court of Civil Judge (Sr. Division)-I, Latehar, in Civil Miscellaneous Application No. 26 of 2021 arising out of Original Suit No. 04 of 2021, whereby and whereunder, learned Civil Judge (Sr. Division)-I has allowed the application dated 25.08.2021 filed by the plaintiff/respondent under order VI, Rule 17 read with 151 of CPC (Annexure-3) on the ground that proposed amendments are elaborative in nature and also granted opportunity to the defendant/petitioner to file reply to the proposed amendments, if any.
3. Learned counsel for the defendant/petitioner has submitted that impugned order is absolutely illegal and liable to be set aside. The proposed amendments at the instance of plaintiff/respondent, not only changed the area of the land agreed to be sold but also the consideration amount paid. The proposed amendments alter the very fabric of the suit and its foundational facts which is not warranted under law. As such, the learned cou
Proposed amendments in a plaint that elaborate on facts without altering the nature of the suit are permissible under Article 227 of the Constitution.
Amendment of plaint – Suit for specific performance of agreement to sell – Proposed amendment which is elaborative in nature, can be allowed.
The court's decision emphasized that an amendment under Order VI Rule 17 of CPC should not change the nature or character of the suit or its cause of action.
Court emphasized a liberal approach in allowing amendments under Order VI Rule 17, especially when necessary for complete adjudication and no significant prejudice to other party is caused.
Amendment of plaint – If amendment is necessary for deciding real controversy between parties and for arriving at a just conclusion, such amendment could be allowed even at a late stage.
Amendments to pleadings after trial commencement may be allowed if they do not fundamentally alter the suit's nature or cause prejudice, supporting judicial efficiency and justice.
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