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IN THE HIGH COURT OF JHARKHAND, RANCHI
SANJAY KUMAR DWIVEDI
Manjur Mian @ Md. Manjur Alam, son of Late Safir Mian – Appellant
Versus
Mustakim Mian, son of Ismail Mian – Respondent
JUDGMENT :
(Sanjay Kumar Dwivedi, J.)
Heard learned counsel appearing for the petitioner and learned counsel appearing for the opposite parties.
2. This petition has been filed under Article 227 of the Constitution of India challenging the order dated 26.04.2023 passed by learned Additional Munsif – XX, Giridih in Original Suit No.173 of 1999 whereby the amendment petition dated 13.02.2020 filed by the plaintiffs under order VI Rule 17 of the CPC for amendment of the plaint has been allowed.
3. Learned counsel appearing for the petitioner submits that the petitioner is one of the substituted defendants of the Original Suit No.173 of 1999. He further submits that the said suit was filed for declaring the Raiyati Kaimi Occupancy right on the suit lands and for confirmation and in case they are dispossessed during the pendency of the suit they be put in khas possession thereon and the interest pendente lite is also claimed. He then submits that the petitioner is one of the substituted defendants in Original Suit No.173 of 1999 and on receipt of notice had appeared in this case and filed written statement jointly with the other defendants stating therein that the defendants are having righ
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 established that amendments to pleadings under Order VI Rule 17 of the CPC can be allowed at any stage of the proceedings, provided they do not change the fundamental nature of the suit an....
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 in plaint can be allowed at any stage of suit even before pronouncement of Judgment – Question of requirement of filing written statement cannot be assessed by court at this stage.
Amendments to pleadings under Order VI Rule 17 of the CPC should not change the nature of the suit or introduce new causes of action, and must be necessary for the proper adjudication of the case wit....
[The court established that amendments to pleadings can be allowed even after the commencement of trial under Order 6 Rule 17 of the CPC, provided the party demonstrates due diligence and the nature ....
Amendments to pleadings post-trial require showing of due diligence, and must not alter the fundamental nature of the case, or cause undue prejudice to the opposing party.
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 under Order VI Rule 17 of CPC can be permitted even post-delay if they facilitate effective adjudication and do not cause injustice to the opposing party.
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