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IN THE HIGH COURT OF ORISSA AT CUTTACK
A.C.BEHERA
Sanjulata Sahoo – Appellant
Versus
Satya Prakash Mohanty – Respondent
| Table of Content |
|---|
| 1. overview of the civil petition's facts. (Para 1 , 2 , 3) |
| 2. defendants' objection to amendment of plaint. (Para 4 , 5) |
| 3. legal question on amendment sustainability. (Para 6 , 8 , 11) |
| 4. court's justification for allowing amendment. (Para 9 , 12 , 13) |
| 5. final order allowing the amendment of plaint. (Para 14 , 15 , 16) |
| 6. directions for further proceedings. (Para 17 , 18) |
JUDGMENT :
This Civil Miscellaneous Petition under Article 227 of the Constitution of India, 1950 has been filed by the petitioners praying for quashing (setting aside) the impugned order dated 05.08.2023 passed in C.S. No.107 of 2019 by the learned Senior Civil Judge, Jajpur.
3. Having been noticed from the Trial Court in the suit vide C.S. No.107 of 2019, the defendant Nos.1 & 2 filed their joint written statement taking their stands that, Gadadhar Sahoo, Sadananda Sahoo and Bidyadhar Sahoo being the three sons of Purusottam Sahoo, they were three brothers and while they (three brothers) were living in joint mess and property, they had acquired properties individually. Gadadhar Sahoo had purchased the suit properties from one Anam Kar through RSD No.6270 dated 28.08.1950. The said Gadadhar Sahoo died
Amendments to plaint may be permitted under Order 6 Rule 17 to avoid multiplicity of litigation, even if they arise after the knowledge of certain facts, provided they do not prejudice the opposing p....
Amendments to the plaint should be allowed to minimize litigation and ensure all issues are addressed, provided they do not cause injustice or prejudice to the opposing party.
Amendments to pleadings under the Civil Procedure Code should be permitted to minimize litigation, unless they cause injustice or prejudice to the opposing party.
Amendments to pleadings under Order 6 Rule 17 of CPC must be allowed if necessary for justice without causing injustice to other parties; delays should be properly compensated.
The principle that a prior sale takes precedence over a subsequent sale is affirmed, emphasizing the High Court's limited scope of interference under Article 227.
In partition suits, amendments to the plaint should be allowed unless they cause injustice or prejudice to other parties, promoting efficiency in resolving disputes.
Amendments in civil suits for partition are to be allowed to ensure all issues are resolved, minimizing litigation unless they cause injustice or prejudice to the other party.
In partition suits, all co-owners retain interest in joint properties until a formal partition is established, necessitating expedient resolution of such suits.
Amendment of plaint – If amendment is necessary for deciding real controversy between parties and for arriving at a just conclusion, such amendment could be allowed even at a late stage.
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