Back
IN THE HIGH COURT OF JHARKHAND, RANCHI
MR. JUSTICE SANJAY KUMAR DWIVEDI, J
Sharifuddin Ansari @ Md. Sarifuddin Ansari Son Of Late Elahi Bux Ansari – Appellant
Versus
Netaji Subhash Griha Nirman Co-operative Society Having Its Office At Bharra, Chas, Po Bharra, Ps Chas, District Bokaro – Respondent
JUDGMENT :
SANJAY KUMAR DWIVEDI, J.
Heard the learned counsel appearing on behalf of the petitioners as well as the learned counsel appearing on behalf of the Opposite parties.
2. This petition has been filed under Article 227 of the Constitution of India wherein the prayer has been made for quashing of the order dated 04.03.2021 passed by learned Additional Civil Judge, Junior Division, Bokaro in Original Suit No.103 of 2017 (Old), Original Suit No.197 of 2019 (New) whereby the learned court has been pleased to reject the petition dated 28.03.2019 filed by the petitioners under Order VI Rule 17 of the CPC for amendment of the plaint. The further prayer is made to allow the said petition after quashing of the said order.
3. Mr. Sandeep Verma, the learned counsel appearing on behalf of the petitioners submits that prior to filing of the present suit, the petitioners have earlier instituted the Suit No.64 of 2011 against the respondents including 30 members of the Society before the learned Civil Judge, Senior Division, Bokaro. He submits that the said suit was withdrawn by the petitioners. The petitioners have impleaded 30 members of society excluding the present respondents and 13 memb
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.
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.
Amendments to pleadings should be allowed to ensure effective adjudication, provided they do not alter the basic structure of the suit or infringe upon the rights of the opposing party.
The amendment of a plaint under Order VI Rule 17 is not permissible if it alters the fundamental nature of the suit.
[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....
A subsequent petition for amendment is barred by res-judicata if a similar petition was previously dismissed without challenge.
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 are not allowed unless due diligence is shown; allowing the amendment here would prejudice the plaintiff's case.
Amendments to pleadings should not change the fundamental nature of the case, and withdrawing clear admissions is impermissible under the CPC.
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
