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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 :
R.K. PATTANAIK, J.
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.
2. The opposite party instituted the suit against the petitioner for realization of a sum of Rs.1,17,700/-along with interest @ 12% per annum till such recovery and a decree of damage for Rs.50.000/- along with pendent lite and future interests over the entire amount with cost. A copy of the plaint is at Annexure- 1, according
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.....
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