Back
SUBHASH CHAND
Hardeep Singh Sidhu, son of late Darshan Singh Sidhu – Appellant
Versus
Harcharan Singh Sidhu, son of late Sunender Singh Sidhu – Respondent
JUDGMENT :
Learned counsel for the petitioner and learned counsel for the respondents are present.
2. Heard the learned counsel for the parties.
3. This writ petition has been preferred on behalf of the petitioner Hardeep Singh Sidhu-plaintiff in the Title Suit No.116 of 2013 against the order dated 29.07.2016 passed by the learned Civil Judge (Jr. Div.)-1, at Jamshedpur wherein learned trial court has partly refused to allow the amendment of the new paragraph-32 as sought by way of the amendment application.
4. The learned counsel for the petitioner has submitted that the petitioner who is the plaintiff has filed the Title Suit No.116 of 2013 with the prayer to declare the Gift Deed No. 4482 dated 22.05.1982 and one unregistered will dated 07.06.1982 which is alleged to be executed and registered by late Sardar Hem Singh in favour of defendants and their parents as forged, fabricated, null and void, ineffective, not binding and never acquired any right and interest from these deeds.
5. On behalf of plaintiff, the amendment application was filed which was partly allowed and partly rejected.
6. The learned trial court has held that from the proposed amendment of paragraph-32 the cause of
The proposed amendment to a plaint does not change the cause of action or nature of the suit if it merely adds facts explaining the original cause of action.
Amendment of plaint – While deciding applications for amendments Courts must not refuse bona fide, legitimate, honest and necessary amendments and should not permit mala fide, worthless and/or dishon....
Amendments to written statements are permissible to clarify defenses without withdrawing admissions, particularly before trial commencement.
Amendment of plaint – Court has power to allow amendments in connection with claims which had become time-barred, if special circumstances exist and it be in interest of justice.
The court upheld the trial Court's discretion to allow amendments and addition of parties, emphasizing the necessity for effective adjudication and that the cause of action was continuous, thus not b....
The main legal point established is that amendments to pleadings should be allowed if imperative for proper adjudication and do not cause prejudice, in line with principles from Chander Kanta Bansal,....
An indispensable Tool for Legal Professionals, Endorsed by Various High Court and Judicial Officers
Please visit our Training & Support
Center or Contact Us for assistance
Scan Me!
India’s Legal research and Law Firm App, Download now!
For Daily Legal Updates, Join us on :
Back to top
