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VIKAS BAHL
Nirmala – Appellant
Versus
Shiv Lal (Deceased) through his Legal Heirs – Respondent
JUDGMENT :
Vikas Bahl, J.
1. This order will dispose of two civil revision petitions challenging two orders arising in the same proceedings. The first revision petition i.e., CR-246-2019 has been filed by the petitioner Nirmala challenging the order dated 10.12.2018 passed by the Civil Judge (Junior Division), Hisar vide which the application filed by the plaintiff-petitioner for amendment of plaint under Order 6 Rule 17 CPC has only been partly allowed. The second revision petition i.e., CR-248-2019 has been filed by the plaintiff-petitioner Nirmala challenging the order dated 10.12.2018 passed by the Civil Judge (Junior Division), Hisar vide which application filed by the plaintiff-petitioner for permission to produce certified copies of documents by way of additional evidence has also only been partly allowed.
2. Learned counsel for the petitioner has submitted that in the present case, the petitioner had filed a suit for declaration to the effect that the decree dated 09.03.1991 passed in Civil Suit no. 225-C of 1991 in favour of predecessor in interest of the defendant is illegal and not binding upon the plaintiff and for possession and had also sought consequential relief of inj
The necessity of amendments in pleadings is paramount for determining the real issues, and courts should not evaluate their merits at the amendment stage.
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.
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.
The main legal point established in the judgment is that the amendment of pleadings under Order VI Rule 17 of the CPC should be allowed only if it is necessary to determine the real issue in controve....
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