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ANIL KSHETARPAL
Ramandeep Singh – Appellant
Versus
Avtar Singh – Respondent
JUDGMENT :
Anil Kshetarpal, J.
Despite receipt of notice, the respondent has not entered appearance.
2. On 13.03.2024, the following order was passed:-
In this case, the petitioner filed a suit for the grant of decree of permanent injunction on 11.09.2020 on the basis of the agreement to sell dated 01.08.2017. As per the agreement to sell, the sale deed was to be executed on 30.05.2018. During the pendency of the suit, the plaintiff filed an application on 21.01.2021 for permission to amend the plaint, in order to seek the relief of specific performance of the agreement to sell. The learned counsel representing the petitioner contends that the application for permission to amend the plaint was filed within the period of limitation and hence, the court has erred in dismissing the same.
This Court has called upon the learned counsel representing the petitioner to assist the Court with reference to Order II Rule 2 of the Code of Civil Procedure, 1908, particularly when the plaintiff filed the suit for the grant of permanent injunction after 30.05.2018, the date agreed for the execution of the sale deed. Confronted with t
Amendments to pleadings under Order VI Rule 17 of the CPC should be permitted liberally when they arise from the same facts and are filed within the limitation period, without changing the fundamenta....
The amendment of pleadings will be allowed even after the expiry of the statutory period of limitation if it does not constitute the addition of a new cause of action or raise a different case, but a....
Amendments to a plaint are permissible before trial commences if they do not introduce a new cause of action that is time-barred, preserving the rights of the defendants.
The Court emphasized the importance of allowing amendments to pleadings to ensure a fair opportunity for both parties to present their case and cited relevant case law to support its decision.
The court's decision emphasized that an amendment under Order VI Rule 17 of CPC should not change the nature or character of the suit or its cause of action.
Amendments to pleadings under Order VI Rule 17 of CPC should be allowed if necessary for justice and do not change the nature of the suit.
Amendments to pleadings under Order VI Rule 17 of CPC should be allowed if necessary for determining real issues, provided they do not cause injustice to the other party.
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