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ALKA SARIN
Suresh – Appellant
Versus
Mange (since deceased) through his LRs – Respondent
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 revenue khasra numbers as well as consolidation scheme and by submitting a site plan of the existing construction raised by both the parties which, in the opinion of the Court, would assist the Court in arriving at a just decision.
5. Further, in the case of Usha Balashaheb Swami & Ors.
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.
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.
Amendments to pleadings are allowed to avoid injustice but cannot permit withdrawal of admissions that would prejudice the opposite party or alter the nature of the suit.
Amendment of Written Statement - Admissions made in the pleadings cannot be permitted to be withdrawn by amendment, but application may be made for explaining the clarification in the admissions.
Amendments to pleadings must be necessary to resolve substantive disputes rather than mere denials of the defendants' claims, as per the procedural rules governing civil litigation.
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