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IN THE HIGH COURT OF ORISSA AT CUTTACK
A.C.BEHERA
Korada Bharati – Appellant
Versus
Pranayani Sahoo – Respondent
| Table of Content |
|---|
| 1. challenge to order on plaint amendment. (Para 1 , 2 , 4) |
| 2. arguments on proposed plaint amendments. (Para 3 , 5 , 8) |
| 3. legal considerations for amendment of plaint. (Para 6 , 7 , 9) |
| 4. justification for interference with court order. (Para 10) |
| 5. allowing the civil miscellaneous petition. (Para 11 , 12 , 13) |
JUDGMENT :
A.C. Behera, J.
This Civil Miscellaneous Petition under Article 227 of the Constitution of India, 1950 has been filed by the petitioner(plaintiff in the suit vide C.S. No.200 of 2019) against the Opposite Parties praying for quashing(setting aside) an order dated 27.04.2023 (Annexure-7) passed in Civil Suit No.200 of 2019 by the learned Senior Civil Judge(LR & LTV), Nayagarh.
2. The factual backgrounds of this Civil Miscellaneous Petition, which prompted the petitioner for filing of the same is that, the petitioner being the sole plaintiff filed the suit vide C.S. No.200 of 2019 against the Opposite Parties arraying them as defendants praying for declaration of the Sale Deed No.465 dated 12.04.2010 in favour of the defendant no.1 and the RoR in respect of the suit properties as null and void and the same are not binding upon her(plaintiff).
In that suit,
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.
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 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, amendments to the plaint should be allowed unless they cause injustice or prejudice to other parties, promoting efficiency in resolving disputes.
Amendments to pleadings under Order VI Rule 17 CPC can be allowed at any stage of the proceedings, provided they do not change the nature of the suit or introduce new causes of action that would prej....
Amendment in plaint can be allowed at any stage of suit even before pronouncement of Judgment – Question of requirement of filing written statement cannot be assessed by court at this stage.
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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