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IN THE HIGH COURT OF JHARKHAND, RANCHI
Sanjay Kumar Dwivedi
Subhash Thakur – Appellant
Versus
Suvarna Puspa Finance Pvt. Ltd. – Respondent
JUDGMENT :
SANJAY KUMAR DWIVEDI, J.
Heard Mr. Onkar Nath Tiwary, learned counsel appearing for the petitioners, Mr. Rishav Kumar, learned counsel appearing for the opposite party Nos.1 to 4 and Mr. Sagar Kumar, learned counsel appearing for the opposite party Nos.5 to 6.
2. The co-ordinate Bench of this Court has dispensed with the notice upon opposite party Nos.7 to 12 in view of the fact that they are said to be the proforma opposite parties.
3. This petition has been filed under Article 227 of the Constitution of India for setting aside of the order dated 08.04.2024 passed by learned Sr. Civil Judge-II (Sr. Division), Dumka in connection with Original Suit No.15 of 2019 by which the learned Court has been pleased to reject the petition filed by the petitioner under Order 6 Rule 17 of CPC for amendment.
4. Mr. Onkar Nath Tiwary, learned counsel appearing for the petitioners submits that the Original Suit No.15 of 2019 was instituted for permanent injunction restraining the defendants from illegally, unlawfully unauthorizedly and forcibly disposing the plaintiffs name from the Schedule ‘B’ i.e. suit property. He submits that the defendants have appeared on notice and filed their writte
Amendments to pleadings must not change the fundamental character of the suit and should be sought with due diligence; otherwise, they may be rejected.
Amendments to pleadings should not change the fundamental nature of the case, and withdrawing clear admissions is impermissible under the CPC.
Amendments to pleadings are permissible under Article 227 if they are necessary to resolve the real controversy, provided they do not cause undue prejudice to the opposing party.
Amendments to pleadings post-trial require showing of due diligence, and must not alter the fundamental nature of the case, or cause undue prejudice to the opposing party.
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....
Amendments to pleadings in civil suits must be granted if necessary for effective adjudication, provided they do not cause harm to the opposing party, affirming a liberal approach in such matters.
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