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IN THE HIGH COURT OF JHARKHAND AT RANCHI
SANJAY KUMAR DWIVEDI
Santosh Kumar Sarawgi, S/o. Late Mahabir Prashad Sarawagi – Appellant
Versus
Shyam Lal Agarwala, S/o. Late Sampat Agrawal – Respondent
| Table of Content |
|---|
| 1. jurisdiction of high court under article 227. (Para 1 , 2 , 3) |
| 2. arguments on amendment of plaint. (Para 4 , 5 , 6) |
| 3. court's analysis on amendment rules. (Para 7 , 8 , 9 , 10) |
| 4. court affirms decision on nature of amendment. (Para 11) |
| 5. final order and implications. (Para 12) |
JUDGMENT :
Heard Mr. Prashant Pallav, learned counsel appearing for the petitioners and Mr. Amar Kr. Sinha, learned counsel appearing for the opposite party Nos.2, 3 & 5.
2. The notices upon the other opposite parties have been effected, however, till date nobody have appeared on behalf of them and the notices upon the O.P. No.6 & 7 have been dispensed with by the Coordinate Bench of this Court and in view of that the O.P. Nos.6 & 7 are said to be the proforma opposite parties.
3. This petition has been filed under Article 227 of the Constitution of India for quashing of the order dated 27.07.2023 passed by learned Civil Judge (Junior Division) XVIII, Giridih in Original Suit No.919/2019 whereby the petition filed by the petitioners/plaintiffs under Order VI Rule 17 dated 07.08.2018 has been rejected by the learned Court.
4. Mr. Prashant Pallav, Learned counsel appearing for the petitioners subm
Amendments to plaints filed after trial commencement must demonstrate due diligence; otherwise, they may alter the suit's nature, which is prohibitive under law.
Amendment of plaint – All amendment shall be allowed at any stage which might be necessary for the purpose of determining real question in controversy between parties.
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 to pleadings cannot fundamentally change the nature of the suit; sufficient diligence is required in filing such applications.
The proposed amendment should not change the nature and character of the suit, cause prejudice, or set up an entirely new case.
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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