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IN THE HIGH COURT OF JHARKHAND, RANCHI
Sanjay Kumar Dwivedi
Chedan Oraon – Appellant
Versus
Sambhu Gupta, son of Late Baleshwar Sahu – Respondent
| Table of Content |
|---|
| 1. court's observations on procedural fairness. (Para 1) |
| 2. procedural history and request for evidence admission (Para 2 , 3) |
| 3. opposition to the petition and court's previous decisions (Para 4 , 5 , 6) |
| 4. cpc allows justice; evidence need to be presented (Para 7) |
| 5. setting aside of the order with costs (Para 8) |
| 6. directive for the plaintiff's evidence presentation (Para 9 , 10) |
JUDGMENT :
SANJAY KUMAR DWIVEDI, J.
Heard learned counsel appearing for the petitioners/plaintiffs and the learned counsel appearing for the opposite parties/defendants.
2. This petition has been filed under Article 227 of the Constitution of India for setting aside of the order dated 21.05.2024 passed in petition dated 29.01.2024 arising out of Title Suit No.17 of 2014 by learned Civil Judge (Sr. Division)-III, Gumla whereby the said petition has been rejected by the learned Court.
3. Learned counsel appearing for the petitioners submits that the petitioners/plaintiffs instituted the Title Suit No.17 of 2014 for right, title, interest and possession of the suit property. He submits that pursuant to summon issued the defendants appeared and filed their written statement. He submits that the petit
The court emphasized the need to provide an opportunity for plaintiffs to lead evidence, overriding procedural closure to ensure justice in light of changed circumstances.
The amendment of a plaint under Order VI Rule 17 is not permissible if it alters the fundamental nature of the suit.
Procedural errors should not unjustly deny parties their right to appeal when sufficient cause is shown, emphasizing the importance of justice over strict adherence to procedural timelines.
Court must provide notice to all parties before restoring a dismissed lawsuit, emphasizing the importance of due process and fair hearing.
Procedural justice necessitates that minor clerical errors should not prevent parties from presenting relevant evidence, affirming the significance of intent over technicality.
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.
Amendments to pleadings cannot fundamentally change the nature of the suit; sufficient diligence is required in filing such applications.
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.
Procedural rules must facilitate, not hinder, justice; courts hold discretion to admit relevant documents even if filed late.
Amendments to pleadings should be liberally allowed for effective adjudication unless they cause injustice to the other party.
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