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IN THE HIGH COURT OF ORISSA AT CUTTACK
B.P. ROUTRAY
Saktikanta Samal – Appellant
Versus
Charan Samal – Respondent
| Table of Content |
|---|
| 1. context of the amendment petition. (Para 3) |
| 2. amendment for typographical corrections allowed. (Para 4 , 6) |
| 3. general principles regarding amendment of pleadings. (Para 5 , 7 , 8) |
| 4. conclusion: cmp allowed. (Para 9) |
JUDGMENT :
1. Heard Mr. L.Mishra, learned counsel for the Petitioner.
3. Present CMP is directed against order dated 20th March 2025 passed in C.S.No.39 of 2023 by learned Civil Judge (Senior Division), Chandikhole, wherein the prayer for amendment of the plaint sought by the Plaintiff has been rejected.
5. Before delving further into the merits of the challenge, it needs to be stated here about general principles regarding amendment of the plaint. In Life Insurance Corporation of India vs. Sanjeev Builders Pvt.Ltd & Anr., 2022 SCC Online SC 1128 Hon’ble Supreme Court has held as follows:-
71.1. Order 2 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. The plea of amendment being barred under Order 2 Rule 2 CPC is, thus, misconceived and hence negatived.
71.3. The prayer for amendment is to be allowed:
71.3.2. To avoid
Amendments to a plaint should generally be permitted unless they change the nature of the lawsuit or cause injustice to the opposing party, especially when the case is still at a preliminary stage.
Amendments to pleadings should not change the nature of the suit or prejudice the other side; due diligence must be shown when seeking amendments.
Amendments to pleadings should be allowed if necessary to determine the real questions in controversy, provided they do not cause injustice to the other party.
Amendments to pleadings must not alter the fundamental nature of the case or prejudice the opposing party; such amendments can be disallowed if they distort the original claims.
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 should be allowed when they are necessary for just adjudication and do not alter the fundamental nature of the suit, ensuring the resolution of real questions in controversy w....
The necessity of timely filing an application for amendment and the consideration of potential prejudice to the opposing party.
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