Amendments to pleadings should not change the fundamental nature of the case, and withdrawing clear admissions is impermissible under the CPC.

JUDGMENT :

SANJAY KUMAR DWIVEDI, J.

Heard Mr. Atanu Banerjee, learned counsel appearing for the petitioner, Mr. Amar Kumar Sinha, learned counsel for the O.P. No. 1 and Mr. Chandrajit Mukherjee, learned counsel appearing for the O.P.Nos. 1 and 8 to 10, who are the proforma opposite parties.

2. This petition has been filed under Article 227 of the Constitution of India, wherein prayer has been made for setting aside the order dated 03.01.2023, passed in Original Suit No. 128 of 2012, by the learned Sub-Judge-III, Giridih, by which, the petition dated 27.07.2022 filed on behalf of the petitioner/defendant under Order-VI Rule-17 read with Section 151 CPC has been rejected by the learned court.

3. Mr. Banerjee, learned counsel appearing for the petitioner submits that one Title Suit No. 128 of 2012 was instituted by Pawan Kumar Rajgarhia in the court of Sub-Ordinate Judge, Giridih against 13 defendants including this petitioner, in which, the plaintiff has sought relief for declaration and confirmation of his indefeasible and subsisting right, title and possession on and upon suit properties which is described in Item No. I and II of Schedule-A of the plaint i.e. the land measuring an area about 7.45 acres in Survey Plot No. 1028/1063 under Khata No. 28 in Mauja Jaruadih and three rooms in Plot No. 1029 under Khata No. 4 of Majua Jaruadih. He submits that further prayer was made in the suit for a decree for demolition and destruction of the structure and rooms described in Item No. 2 of Schedule-A i.e. and cost has also been prayed. He submits that on receiving notice, the defendants have appeared and file their written statement on behalf of 1 to 4 and 9 to 13, wherein they have specifically denied the allegations made in the complaint. He further submits that in the written statement, it has been pleaded that the right and title they have acquired through Hemraj Mahto. He then submits that the suit has been proceeded further and both the sides have examined their witnesses and on 27.07.2022, a petition under Order-VI Rule-17 CPC has been filed for amendment in the written statement to the effect that Hemraj Mahto was Thekedar of ex-landlord Bansidhar Rajgaria and, who filed return at the time of vesting of Jamindari in compensation case No. 238 of 1956-57. He submits that only that was sought to be amended in the written statement and the same is formal in nature, in spite of that the learned court has been pleased to reject the same considering that the nature of the suit will be changed. He further submits that the law is well settled that the court should remain liberal in allowing the formal nature of amendment.

4. Learned counsel submits that this court has also considered the aforesaid aspect of the matter in the case of Manjur Mian @ Md. Manjur Alam Versus Mustakim Mian & Ors. in C.M.P. No. 693 of 2023 and in the case of Kole Oraon & Ors. Versus Lodha Oraon & Ors. in C.M.P. No. 1355 of 2023, decided by the judgment dated 15.01.2025 and 24.03.2025 respectively. He submits that in the case of Kole Oraon & Ors. (supra), the case of Life Insurance Corporation of India Versus Sanjeev Builders Private Limited & Anr. has been considered by the court, wherein the rules of procedure have also been considered and the amendment petition has been allowed. He then submits that the nature of the suit will not be changed if the amendment is allowed, in spite of that the learned court has rejected the said prayer.

5. Learned counsel appearing for the opposite parties has opposed the prayer and submits that the nature of the suit has been tried to be changed. He draws the attention of the court towards the written statement, filed by the defendants and submits that in the written statement, it has been mentioned that Hemraj Mahto was the landlord, whereas in the amendment petition, the said admission has been tried to be changed by way of saying that he was only the Thekedar of the landlord and that too has been tried to be done at the belated