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SUBHASH CHAND
Arun Kumar Sanganeria – Appellant
Versus
Balram Mahato, S/o Late Amrit Mahato – Respondent
JUDGMENT :
Heard leaned Counsel for the parties.
2. By way of this C.M.P. the order dated 01.12.2023 has been assailed.
3. The learned Counsel for the petitioners has submitted that the Original Suit No. 56 of 2022 was instituted on behalf of the plaintiff-Balram Mahato against Kiran Devi Tulsyan and Arun Kumar Sanganeria who are petitioners herein in which the relief for cancellation of sale-deed executed by defendant No.1 in favour of wife of defendant No.2 was sought and also the relief for permanent injunction in regard to the property in suit against the defendant was also sought.
4. It is also further submitted in that suit after completion of pleading of both the parties, the evidence of both the parties have been concluded. At the stage of argument an application was moved on behalf of the plaintiff under Order 6 Rule 17 of C.P.C. in which the amendment was sought to this effect that in place of Dalgovind Mahato name of Chutu Mahato be allowed to be written and in prayer clause it was also sought that if any previous sale-deed has been executed being in contravention of Section 46(1) (b) of the C.N.T. Act. also sought to be added. This amendment partly vague as no date of the s
Amendments to pleadings that change the nature of the case or prejudice the rights of the opposing party cannot be allowed, especially after evidence has concluded.
The court highlighted the importance of allowing amendments to pleadings only if necessary for determining the real questions in controversy between the parties and emphasized that such amendments sh....
The main legal point established in the judgment is that the court may allow an amendment if it is imperative for proper adjudication of the case, and to avoid injustice and multiplicity of litigatio....
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.
Point of law: High Court can interfere in exercise of its power of superintendence, when there has been a patent perversity in the orders of the Tribunals and Courts subordinate to it or where there ....
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