Back
IN THE HIGH COURT OF JHARKHAND AT RANCHI
SANJAY KUMAR DWIVEDI
Kole Oraon S/o Late Jayra Oraon – Appellant
Versus
Guha Oraon – Respondent
| Table of Content |
|---|
| 1. filing under article 227 (Para 1 , 2 , 10) |
| 2. arguments for and against amendment (Para 3 , 5 , 8) |
| 3. amendment rules and liberal approach (Para 4 , 6 , 12 , 13) |
| 4. judiciary's discretion in amendment petitions (Para 7 , 9 , 14) |
| 5. court's observations on the nature and timing of amendments. (Para 11) |
| 6. court's final orders and modifications (Para 15 , 17 , 18) |
| 7. the court's reasoning regarding no interference with the amendment. (Para 16) |
JUDGMENT :
SANJAY KUMAR DWIVEDI, J.
1. Heard Mr. Atanu Banerjee, learned counsel appearing for the petitioners, Mr. Pratyush Kumar, learned counsel appearing for the O.P. Nos. 1 to 3 and Mr. Ankit Kumar, learned A.C. to S.C.-I, appearing for the O.P. No. 4, who is Deputy Commissioner, Lohardaga.
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 30.09.2023, passed in Original Suit No. 18 of 2017 by the learned Civil Judge (Sr. Div)-II, Lohardaga, whereby, Misc. Civil Application No. 75 of 2023, filed on behalf of the plaintiffs dated 18.09.2023 under Order-VI, Rule-17 read with Section 151 CPC has been allowed by the learned court.
3. Learned c
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 should not change the fundamental nature of the case, and withdrawing clear admissions is impermissible under the CPC.
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.
The court ruled that a liberal approach should be taken towards permitting amendments in pleadings, especially when crucial facts are omitted, and delay alone does not justify rejection if trial has ....
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.
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....
An indispensable Tool for Legal Professionals, Endorsed by Various High Court and Judicial Officers
Please visit our Training & Support
Center or Contact Us for assistance
Scan Me!
India’s Legal research and Law Firm App, Download now!
For Daily Legal Updates, Join us on :
Back to top
