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IN THE HIGH COURT OF JHARKHAND, RANCHI
MR. JUSTICE SANJAY KUMAR DWIVEDI, J
Nishi Agrawal, wife of Shri Vinit Agrawal – Appellant
Versus
Rajendra Singh, son of Lal Narayan Singh – Respondent
JUDGMENT :
SANJAY KUMAR DWIVEDI, J.
Heard the learned counsel for the petitioners as well as the learned counsel for the sole opposite party.
2. This petition has been filed under Article 227 of the Constitution of India for setting aside the impugned order dated 30.09.2024 passed by learned Civil Judge (Senior Division)-XII, Ranchi in M.C.A No.839 of 2024 arising out of Original (Title) Suit No.750 of 2019 whereby the petition dated 21.06.2024 filed by the plaintiffs/petitioners under the provision of Order VI Rule 17 CPC for amendment in the plaint due to subsequent events has been rejected.
3. Mr. Ashim Kumar Sahani, the learned counsel appearing for the petitioners submits that on 17.12.2019 the petitioners instituted a suit being Original (Title) Suit No.750 of 2019 with a prayer for declaration of their absolute right, title and interest over the suit property detailed in schedule-A and schedule-B and for restraining the defendant from disturbing their peaceful possession.
4. He submits that the case of the plaintiffs/petitioners as described in the plaint inter-alia is that a registered sale deed dated 02.02.2016 the plaintiff/ petitioner no.1 purchased a piece of land measuring
Amendments to pleadings should be liberally allowed for effective adjudication unless they cause injustice to the other party.
A suit filed after the statutory limitation period lacks a valid cause of action and must be dismissed without trial.
Amendments to a plaint are permissible for effective resolution of disputes, but claims that are time-barred cannot be allowed, especially when they would divest the opposing party of accrued rights.
The court held that if a plaint shows no valid cause of action and is barred by limitation, it should be rejected to prevent misuse of legal process.
A court can deny amendment requests under Order 6 Rule 17 CPC if due diligence is lacking after trial commencement.
(1) Amendment in plaint – Issue of limitation would not be a factor to be considered by Trial Court while adjudicating amendment application.(2) By way of clever drafting, plaintiff cannot allow to m....
The lower appellate court's order of remand was found to be justified and sustainable in law, and the proposed amendment was found to be well within the period of limitation and pecuniary jurisdictio....
The amendment of pleadings will be allowed even after the expiry of the statutory period of limitation if it does not constitute the addition of a new cause of action or raise a different case, but a....
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