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MANJARI NEHRU KAUL
Jeeto @ Surjit Kaur – Appellant
Versus
Balbir Singh – Respondent
JUDGMENT
Manjari Nehru Kaul, J. - The petitioner is impugning the order dated 30.10.2019 (Annexure P-5) passed by the Court of learned Additional Civil Judge (Sr. Divn.), Tarn Taran whereby his application for amendment of the plaint under Order VI Rule 17 CPC was dismissed.
2. Learned counsel for the petitioner submits that the impugned order suffers from material irregularity and being contrary to the settled principles of law, deserves to be set aside. He submits that the trial Court failed to appreciate that it was due to inadvertence of the earlier counsel representing the petitioner that the original plaint did not contain all the material particulars qua the matter in issue, between the parties. He submits that though the petitioner alleged that the sale deeds dated 03.02.1983 and 06.03.1986 were not executed by his father, however, due to inadvertence the aforesaid sale deeds were not challenged in the plaint, therefore, the petitioner now wanted to incorporate the relief of declaration qua them and in addition thereto, also wanted the addition of alternative relief of possession. Learned counsel urged that the amendments sought by the petitioner were necessary for the just a
Amendments of pleadings should not be allowed in a routine manner after the trial has commenced, and the party seeking the amendment must show that despite due diligence, the proposed amendment could....
The proviso to Order 6 Rule 17 CPC restricts the amendment of pleadings after the trial has commenced, unless due diligence is proven, and the proposed amendment is necessary to decide the real dispu....
At the stage of considering an amendment of the plaint, the court is not required to inquire into the genuineness of the pleadings but to determine if the amendment would help in determining the real....
Amendments post-trial commence require due diligence; failure to demonstrate this results in denial.
The main legal point established in the judgment is the limitation on allowing amendments to pleadings after the trial has commenced, emphasizing the need for due diligence and balancing just adjudic....
Amendments to pleadings after trial commencement require justification of delay and due diligence; lack of valid reasons leads to rejection to prevent prejudice.
The main legal point established is that the amendment of pleadings should not be allowed after the trial has commenced, unless the party seeking the amendment can show due diligence in bringing fort....
Amendments to pleadings after the commencement of trial must be supported by a finding of due diligence; failure to establish this finding renders the amendment impermissible.
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