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IN THE HIGH COURT OF JHARKHAND, RANCHI
Sanjay Kumar Dwivedi
Lal Amit Nath Shahdeo – Appellant
Versus
Deputy Commissioner cum District Magistrate – Respondent
JUDGMENT :
SANJAY KUMAR DWIVEDI, J.
Heard the learned counsel appearing on behalf of the petitioner as well as the learned counsel appearing on behalf of the State.
2. This petition has been filed under Article 227 of the Constitution of India for setting aside the order dated 03.06.2023 passed in Misc. Civil Application No.4/2022 arising out of Civil Appeal No.20/2018 by learned District Judge-I, Latehar whereby the learned court has been pleased to reject the petition of the petitioner filed under Order VI Rule 17 CPC.
3. Mr. Ramawatar Choubey, the learned counsel appearing on behalf of the petitioners submits that the petitioners herein are the plaintiffs in Title Suit and they have instituted Title Suit No.35 of 2010 for declaration of right, title and interest in favour of the plaintiffs over the suit land and further declaration that the plaintiffs shall have no binding effect of the incorrect entry in the R.S. record of right. He submits that on notice, respondent/defendant no.3 namely Menonite Mission has appeared and filed written statement in the suit whereas the defendant no.3 claimed 8.48 acres of land in question and defendant no.2 was Forest Department had also filed writ
Amendments to pleadings cannot fundamentally change the nature of the suit; sufficient diligence is required in filing such applications.
The amendment of a plaint under Order VI Rule 17 is not permissible if it alters the fundamental nature of the suit.
Amendment of plaint – All amendment shall be allowed at any stage which might be necessary for the purpose of determining real question in controversy between parties.
The proposed amendment should not change the nature and character of the suit, cause prejudice, or set up an entirely new case.
Amendments to plaints filed after trial commencement must demonstrate due diligence; otherwise, they may alter the suit's nature, which is prohibitive under law.
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.
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.
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