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IN THE HIGH COURT OF ORISSA AT CUTTACK
B.P. ROUTRAY
Vikhyakari Mohapatra @ Bhikhyakari Mohapatra – Appellant
Versus
Dayanidhi Behera – Respondent
| Table of Content |
|---|
| 1. amendment of suit regarding property details. (Para 2 , 3 , 4) |
| 2. arguments surrounding amendment request. (Para 5 , 6) |
| 3. established principles for amendment of pleadings. (Para 7) |
| 4. analysis of plaintiff's due diligence and claim basis. (Para 8 , 9 , 10) |
| 5. court's reasoning against allowing amendment at late stage. (Para 11 , 12) |
| 6. final decision to set aside earlier order. (Para 13) |
JUDGMENT :
1. Heard Mr. A. Tripathy, learned counsel for the Petitioner and Mr. L. Sarangi, learned counsel for the Opposite Parties.
3. Present Petitioner is the defendant and Opposite Parties are the plaintiffs. The plaintiffs filed the suit praying to declare their right, title, interest over the suit schedule property along with their possession over the same and to permanently restrain the defendant from disturbing their peaceful possession over the suit property. It is important here to reproduce the suit schedule property. Initially the suit schedule property was as follows:-
Then it was amended by the plaintiffs at the admission stage to delete Plot No.1298/4028 measuring Ac.0.050 dec. and correcting the area to Ac.0.150 dec. in Plot No.1298. So after first amendment the suit sc
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 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.
Court affirmed that amendments to pleadings under Order VI Rule 17 of CPC can be allowed at any stage to promote justice, provided they do not cause injustice to opposing parties.
Amendments to pleadings under Order VI Rule 17 of CPC require due diligence; delays in seeking such amendments post-trial commencement can justify rejection to prevent prejudice to opposing parties.
Point of law: Order VI Rule 17 Court may at any stage of the proceedings allow either party to alter or amend his pleadings in such manner and on such terms as may be just, and all such amendments sh....
The amendment of pleadings is permitted to clarify claims and ensure proper adjudication of disputes, especially when no trial has commenced, and does not change the suit's nature.
Amendment in plaint – In terms of Order VI, Rule 17 of CPC, Court may at any stage of proceedings allow either of parties to alter or amend pleadings, in such manner or on such terms, as may be just.
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