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IN THE HIGH COURT OF ORISSA AT CUTTACK
B.P. ROUTRAY
Karunakar Panda – Appellant
Versus
Pitambar Panda – Respondent
| Table of Content |
|---|
| 1. final dismissal of the application. (Para 1 , 13) |
| 2. rejection of amendment request based on prior sales. (Para 2 , 3 , 4) |
| 3. conditions under order 6 rule 17 for amendments. (Para 5 , 6 , 8 , 9) |
| 4. lack of due diligence leads to dismissal. (Para 7 , 10 , 11 , 12) |
JUDGMENT :
1. Heard Mr. V. Jena, learned Advocate for the Petitioner and Mr. S.K. Mohanty, learned Advocate for the Opposite Party No.1.
3. The Plaintiff, who is present Opposite Party No.1, filed the suit praying for partition. The suit is now at the stage of adducing evidence from the side of the Defendants and the Plaintiff has closed his evidence. Some of the Defendants’ witnesses have also been examined in the meantime. At this stage, Defendant No.4 filed a petition dated 29.4.2025 under Order 6 Rule 17 of the C.P.C. praying for amendment of the WS to incorporate certain facts regarding sale of portion of the ancestral property and relinquishment on the part of the daughter of the common ancestors. Learned trial court rejected the prayer for amendment stating that the property which has been sold by the common ancestors prior to filing of the suit need not be included in the suit property and secondly, t
Amendments to pleadings after trial commencement require justification of delay and due diligence; lack of valid reasons leads to rejection to prevent prejudice.
Amendments to pleadings cannot withdraw clear admissions made earlier, as it would be prejudicial to the opposing party; such amendments must align with the CPC regulations.
Amendments to pleadings should be granted only if they do not prejudice the other party; if the amendment is sought after trial has commenced, due diligence must be established.
Amendments to pleadings may be allowed post-trial if due diligence is demonstrated, and if they do not change the cause of action or result in injustice.
Order 6 Rule 17 CPC, which reads as amendment of pleadings.
Amendments to pleadings must be made in good faith and should not cause prejudice to the opposing party, especially if they seek to withdraw prior admissions.
Practice and Procedure - Amendment petition rejected - Without any controversy, it may be said that proposed amendment is not a product of subsequent event, and learned court below having considered ....
Amendment of plaint cannot be allowed where proposed amendment is not a product of subsequent event.
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