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IN THE HIGH COURT OF JHARKHAND, RANCHI
SANJAY KUMAR DWIVEDI
Amar Nath Thakur, son of late Bindeshwari Thakur – Appellant
Versus
Sunil Kumar Alias Ghanshyam Prasad, son of Mahendra Prasad – Respondent
| Table of Content |
|---|
| 1. notice served; parties represented. (Para 1 , 2) |
| 2. amendment sought in civil case. (Para 3 , 4) |
| 3. opposition to amendment based on limitation. (Para 5 , 6 , 7) |
| 4. clarifying intention behind proposed amendments. (Para 8 , 9) |
| 5. typographical errors and cause of action. (Para 10 , 11) |
| 6. special circumstances for amendments. (Para 12 , 13) |
| 7. petition allowed; orders set aside. (Para 14 , 15 , 16) |
JUDGMENT :
(Sanjay Kumar Dwivedi, J.)
Heard Mr. Arun Kumar Pandey, the learned counsel for the petitioner, Mr. Bibhash Sinha, the learned counsel appearing on behalf of the O.P.Nos.1 to 5 as well as Mr. Arun Kumar, the learned counsel appearing on behalf of the O.P.Nos.6 and 7.
2. By Order dated 10.12.2024, the service of notice upon the O.P.Nos.8 to 11 has been dispensed with as they are the performa Opposite parties.
3. This petition has been filed under Article 227 of the Constitution of India for setting aside the Order dated 19.07.2022 passed in Misc. Civil Application No.334 of 2019 by learned Civil Judge, Senior Division-XII, Ranchi, whereby the application filed for amendment by the petitioner has been rejected. The further prayer is made for setting aside the order dated
Amendments to pleadings are permissible if they do not alter the nature of the suit; courts have discretion to allow amendments to clarify existing claims even when time-barred under special circumst....
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.
The court upheld that amendments to a plaint after trial commencement require sufficient justification and diligence, which the plaintiff failed to provide.
The judgment emphasizes the expansive attitude required in allowing amendments to the plaint prior to trial and the plaintiff's right to claim damages as deemed appropriate.
Amendments to pleadings under Order VI Rule 17 CPC can be allowed at any stage of the proceedings, provided they do not change the nature of the suit or introduce new causes of action that would prej....
Amendments to pleadings are generally allowable when they do not introduce new facts, do not cause injustice, and are based on existing claims, even if the trial has commenced.
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