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IN THE HIGH COURT OF ORISSA AT CUTTACK
R.K.PATTANAIK
Shasanka @ Sasanka Prasad Panda – Appellant
Versus
Kuntala Sahoo – Respondent
| Table of Content |
|---|
| 1. petitioner challenges previous amendment rejection. (Para 1 , 2) |
| 2. arguments on validity of amendment request. (Para 4 , 5) |
| 3. discussion on res judicata's applicability. (Para 6 , 7) |
| 4. court's analysis of previous rulings. (Para 8) |
| 5. final order to set aside previous ruling. (Para 9 , 10) |
JUDGMENT :
1. Instant petition is filed by the petitioner assailing the correctness of the decision by order dated 24th December, 2024 as at Annexure-13 passed in connection with C.S. No.3275 of 2014 by learned 3rd Additional Civil Judge (Senior Division), Cuttack, whereby, an application under Order 6 Rule 17 C.P.C. seeking amendment of the plaint as per Annexure-8 pressed into service by him has been declined on the grounds inter alia that the same is not tenable in law and hence, required to be interfered with in the interest of justice.
3. Heard Mr. Mishra, learned counsel for the petitioner and Mr. Mohanty, learned counsel for the opposite party.
2 April, 2019 and it was followed by a request to strike off a particular word from the plaint in terms of under Order 6 Rule 16 CPC and the same was denied on 16th May, 2019 including a request to deliver interrogatories as per under
The principle of res judicata prevents re-agitation of previously decided issues in subsequent applications, thus maintaining procedural integrity in litigation.
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.
(1) Amendment in plaint – Prayer for amendment is to be allowed if amendment is required for effective and proper adjudication of controversy between parties and to avoid multiplicity of proceedings.....
Amendments to pleadings under CPC should be allowed liberally unless they change the nature of the suit or cause injustice to the other party.
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