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IN THE HIGH COURT OF JHARKHAND AT RANCHI
SUBHASH CHAND
Arti Gupta, wife of Late S.K. Gupta – Appellant
Versus
Civil Surgeon, Sadar Hospital, Hazaribag, P.O. & P.S.- Hazaribag, District-Hazaribag – Respondent
| Table of Content |
|---|
| 1. amendment of pleadings in civil suit process. (Para 1 , 2 , 3) |
| 2. arguments against the amendment application's merit. (Para 4 , 5) |
| 3. factual background regarding land ownership and prior proceedings. (Para 6 , 7) |
| 4. affirmation of the rejection decision based on different findings. (Para 8) |
| 5. c.m.p. is dismissed. (Para 9) |
JUDGMENT :
(Subhash Chand, J.)
The instant C.M.P. has been directed on behalf of the plaintiff/petitioner against the order dated 08.02.2024 passed in Civil Appeal No. 89 of 2019 (Smt. Arti Gupta vs. Civil Surgeon, Hazaribag & Anr.) by the Addl. District & Sessions Judge-VI, Hazaribag whereby the petition under Order 6 Rule 17 C.P.C. read with Section 151 of C.P.C. has been rejected.
2. The learned Counsel for the petitioner has submitted that he has instituted the suit for declaration of title in regard to the property in question in the Court of Civil Judge (Sr. Division)-II, Hazaribag which was registered as Suit No. 169 of 2012. That very suit was dismissed on 02.04.2019.
3. Aggrieved from the impugned Judgment dated 02.04.2019, the Title Appeal No. 89 of 2019(Arti Gupta vs. Civil Surgeon, Sadar Hospital & Other) which is pending in the Court of
Amendment applications regarding new causes of action must comply with Section 80 of C.P.C., and due diligence is required; modifications that change the nature of the case are impermissible.
Order II Rule 2 CPC operates as a bar against a subsequent suit if the requisite conditions for application thereof are satisfied and the field of amendment of pleadings falls far beyond its purview.....
A suit for correction of record pursuant to established title can proceed beyond limitation, with notice requirements under Section 80 CPC deemed unnecessary if no specific relief against public offi....
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.
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.
The case reinforces that without valid proof of title and possession, a civil suit to restrain eviction is not maintainable, particularly when procedural requirements of notice under relevant legisla....
The court emphasized the importance of bona fide amendments and a liberal approach to avoid multiplicity of litigations while considering applications for amendment under Order 6 Rule 17 of the CPC.
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