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IN THE HIGH COURT OF JHARKHAND AT RANCHI
Sanjay Kumar Dwivedi, J
C.M.P. No. 675 of 2024 – Appellant
Versus
Deepak Yadav, son of Late Harkhu Gope – Respondent
JUDGMENT :
SANJAY KUMAR DWIVEDI, J.
Heard learned counsel appearing for the petitioners and learned counsel appearing for the O.P. Nos. 1, 2, 4 and 5.
2. This petition has been filed under Article 227 of the Constitution of India for setting aside the order dated 24.04.2024, passed by the learned Principal District Judge, Hazaribag, in connection with Civil Miscellaneous Case No. 03 of 2018 arising out of Title Appeal No. 31 of 2013, whereby the petition filed under Order-XLI, Rule-19 read with Section 151 of the CPC has been allowed by the learned court and the re-admission of Title Appeal No. 31 of 2013 was allowed.
3. Mr. Pratik Sen, learned counsel appearing for the petitioners submits that the said appeal was dismissed for default. He submits that on 12.12.2017, attendance was made before the learned court and the said appeal was dismissed on 19.12.2017, as no step was taken on behalf of the opposite parties. He further submits that the said petition was filed on wrong facts and the learned court has allowed the same and re-admitted the appeal and the same has occurred due to the misleading facts, as stated by the opposite parties in the said appeal. He submits that it has been st
Procedural errors should not unjustly deny parties their right to appeal when sufficient cause is shown, emphasizing the importance of justice over strict adherence to procedural timelines.
The court emphasized the need to provide an opportunity for plaintiffs to lead evidence, overriding procedural closure to ensure justice in light of changed circumstances.
Court must provide notice to all parties before restoring a dismissed lawsuit, emphasizing the importance of due process and fair hearing.
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 cannot fundamentally change the nature of the suit; sufficient diligence is required in filing such applications.
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 procedural rights of a party must be respected, allowing for amendments and oral submissions in appellate processes to ensure fair adjudication.
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....
A party not included in the original suit cannot claim rights in execution proceedings; courts must ensure all necessary parties are present to avoid frivolous claims.
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