IN THE HIGH COURT OF JHARKHAND AT RANCHI
SANJAY KUMAR DWIVEDI
Kartik Manjhi-Died – Appellant
Versus
St. Louis School, Tarbalidih – Respondent
JUDGMENT :
Sanjay Kumar Dwivedi, J.
Heard the learned counsel appearing on behalf of the petitioner, the learned counsel appearing for the O.P.No.4/State, the learned counsel appearing for the O.P.No.1 and 2 (School), learned counsel appearing on behalf of the O.P.No.3.
2. This petition has been filed under Article 227 of the Constitution of India for setting aside the order dated 05.12.2022 passed in Original Suit No.67 of 2019 passed by learned Civil Judge (Junior Division) Bermo at Tenughat whereby the petition dated 02.09.2019 filed by one Motilal Murmu under Order-I Rule-10 read with Section 151 C.P.C for impleading him a party/defendant in Original Suit No.67 of 2019 has been allowed.
3. Mr. Atanu Banerjee, the learned counsel appearing on behalf of the petitioners submits that the land measuring 3.16 ½ acres and 1 acre under Khata No.42 in plot no.942 of Village Tarbalidih within Jaridih Police Station now falling in the District of Bokaro (earlier Giridih) where the lands received by Bhudan Yagya being given to the Bihar Bhudan Yagya Committee. He submits that the land was settled in favour of the petitioners by the State Government and the suit was between the petitioners a
The court emphasized the necessity of adding parties under Order I Rule 10 CPC to ensure complete adjudication and avoid multiplicity of proceedings.
Amendments under Civil Procedure Code should be allowed to resolve real questions in controversy, provided they do not change the nature of the suit or cause undue hardship to the other party.
The amendment of a plaint under Order VI Rule 17 is not permissible if it alters the fundamental nature of the suit.
Amendments to pleadings after trial commencement are not allowed unless due diligence is shown; allowing the amendment here would prejudice the plaintiff's case.
Amendments to pleadings should be allowed if necessary for effective adjudication, provided they do not change the nature of the suit or cause injustice to the other party.
A party not included in the original suit cannot claim rights in execution proceedings; courts must ensure all necessary parties are present to avoid frivolous claims.
The court clarified the criteria for necessary parties under Order 1 Rule 10 of the Code of Civil Procedure, emphasizing that a party's independent claim does not warrant inclusion in a suit if it do....
Amendments to pleadings cannot fundamentally change the nature of the suit; sufficient diligence is required in filing such applications.
Amendments to pleadings under Order VI Rule 17 of the CPC should not change the nature of the suit or introduce new causes of action, and must be necessary for the proper adjudication of the case wit....
[The court established that amendments to pleadings under Order VI Rule 17 of the CPC can be allowed at any stage of the proceedings, provided they do not change the fundamental nature of the suit an....
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