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ALKA SARIN
Suresh – Appellant
Versus
Mange (since deceased) through his LRs – Respondent
| Table of Content |
|---|
| 1. challenge to trial court's order. (Para 1) |
| 2. plaintiff argues amendment is to fill lacuna. (Para 2) |
| 3. court's reasoning on amendments of pleadings. (Para 4) |
| 4. principles governing amendments of written statements. (Para 5 , 6) |
| 5. revision petition dismissed. (Para 7) |
JUDGMENT :
Alka Sarin, J.
The challenge in the present revision petition is to the order dated 25.01.2022 passed by the Civil Judge (Junior Division), Panipat whereby application filed by the defendant-respondent under Order 6 Rule 17 of the Code of Civil Procedure, 1908 (CPC) has been allowed.
2. Learned counsel for the plaintiff-petitioner would contend that the application had been filed after three witnesses of the plaintiff-petitioner had been examined and that the application for amendment had been filed only to fill in the lacuna in the case of the defendant-respondent. The learned counsel would further contend that a totally new plea is now sought to be raised by way of the amendment.
3. Heard.
4. A perusal of the impugned order reveals that the Court has specifically observed that by way of the amendment the defendant-respondent only wished to explain the pleadings by giving a description of the re
Courts should adopt a liberal stance when considering amendments to the written statement, recognizing that prejudice to the opposing party is less likely.
Courts should liberally allow amendments to pleadings in civil proceedings unless serious injustice would result.
Pre-trial amendments to written statement allowed if reasonable, no prejudice, despite delay, considering parties' age and inadvertence.
Amendments to plaints must not alter the substance of the case or allow contradictory claims without proper justification, requiring careful judicial consideration.
The court emphasized a liberal approach to amendments in written statements, allowing alternative defenses to ensure a complete adjudication and prevent the miscarriage of justice.
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