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ALKA SARIN
Hardev Singh – Appellant
Versus
Lal Singh (since deceased) through LRs – Respondent
| Table of Content |
|---|
| 1. overview of the case and initial facts. (Para 1 , 2) |
| 2. arguments presented by both parties. (Para 3 , 4) |
| 3. court's observations on trial court's dismissal. (Para 5 , 6) |
| 4. final order and dispositional details. (Para 7) |
Judgment
Mrs. Alka Sarin, J.
The present revision petition has been filed challenging the impugned order dated 18.05.2018 (Annexure P-7) dismissing the application filed under Order 6 Rule 17 of the Code of Civil Procedure, 1908 (CPC) for amendment of the plaint.
2. The brief facts relevant to the present lis are that the plaintiff-petitioner initially filed a suit for permanent injunction for restraining the defendant-respondents from illegally interfering, disturbing or taking forcible possession of the property in dispute. Subsequently, at the time when the case was fixed for the evidence of the plaintiff-petitioner, an application was filed for amendment of the plaint. The application was contested by the defendant-respondents and vide the impugned order dated 18.05.2018 (Annexure P-7) the said application was dismissed.
3. Learned counsel for the plaintiff-petitioner would contend that there is no reasoning forthcoming in the impugned order for di
The proposed amendment to the plaint should be allowed if it is necessary for the just and proper disposal of the case and does not change the nature of the suit.
The central legal point established in the judgment is the restriction on allowing amendments after the trial has commenced, as per the mandatory proviso of Order VI rule 17 of CPC.
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 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.
Amendments post-trial commence require due diligence; failure to demonstrate this results in denial.
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