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IN THE HIGH COURT OF JHARKHAND, RANCHI
Sanjay Kumar Dwivedi, J
Idris Ansari – Appellant
Versus
Mokhtar Alam @ Mokhtar Ansari, Son Of Late Amir Mian – Respondent
JUDGMENT :
SANJAY KUMAR DWIVEDI, J.
Heard learned counsel appearing for the petitioners, learned counsel appearing for the opposite party Nos. 1 to 4 and learned counsel appearing for the opposite party Nos.8, 9, 10, 12 and 13 and rest of the opposite parties have been validly served in spite of that they have not been appeared.
2. This petition has been filed under Article 227 of the Constitution of India for quashing of the order dated 08.12.2022 passed by learned Civil Judge (Junior Division), Palamau at Daltonganj in Title Suit No.67 of 1997 whereby the prayer for amendment in the written statement of the defendants have been allowed by the learned Court.
3. Learned counsel appearing for the petitioners submits that as on 17.07.1997, the petitioners along with ancestors of other original plaintiffs instituted Title Suit No.67 of 1997 inter alia for declaration that the suit lands are their occupancy raiyati land coupled with right, title and interest and possession over the same. He submits that in the said suit the defendants filed the written statement on 20.02.2004 and thereafter the issues were framed and the plaintiffs started examining their witnesses and on 20.01.2015 a peti
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.
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 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 must be necessary to resolve substantive disputes rather than mere denials of the defendants' claims, as per the procedural rules governing civil litigation.
The amendment of a plaint under Order VI Rule 17 is not permissible if it alters the fundamental nature of the suit.
Amendments to pleadings should not change the fundamental nature of the case, and withdrawing clear admissions is impermissible under the CPC.
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....
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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