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ARUN MONGA
Meenakshi – Appellant
Versus
Gagan Jot Singh – Respondent
JUDGMENT
Mr. Arun Monga, J. (Oral)
CM-8814-CII-2023
Application is allowed, as prayed for, subject to all just exceptions.
Main case
Present revision petition is to set aside impugned order dated 16.01.2023 (Annexure P-1) whereby application filed by plaintiff/respondent No.1 under Order 6, Rule 17 read with section 151 CPC for amendment in plaint, was allowed and another order dated 05.04.2023 (Annexure P-5) passed by learned Civil Judge (Junior Division), Kharar, vide which application filed by defendants No.1 and 2/petitioners jointly and defendant No.3 separately for setting aside the ex parte order passed against them on 16.01.2023, was dismissed in Civil Suit bearing No.CS/414/2016 registered on 04.07.2016 (Annexure P-6) filed by respondent No.1 herein in which next date of hearing is fixed as 16.05.2023 for ex parte arguments.
2. Learned counsel for petitioners submits that respondent No.1 filed a suit for mandatory injunction directing petitioners to execute the sale deed as per agreement to sell dated 01.08.2014 qua the suit property. Upon notice, petitioners appeared and moved an application dated 27.09.2016 under Order 7, Rule 11 for rejection of plaint. Thereafter respond
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.
Court emphasized a liberal approach in allowing amendments under Order VI Rule 17, especially when necessary for complete adjudication and no significant prejudice to other party is caused.
The court affirmed that amendments to pleadings should be liberally granted to serve justice, particularly when the cause of action arises from recent developments, like the dismissal of a related ci....
The main legal point established in the judgment is the inherent power of the court to amend judgments under Section 152 CPC to ensure complete justice between the parties.
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