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GURBIR SINGH
Siri Chand Padam Chand – Appellant
Versus
Rohit Singla – Respondent
| Table of Content |
|---|
| 1. jurisdiction of high court under article 227 (Para 1 , 2) |
| 2. details of loan and receipts (Para 3 , 4 , 5 , 6) |
| 3. arguments against amendment in replication (Para 7 , 8) |
| 4. court's reasoning on the amendment (Para 9 , 10 , 12) |
| 5. dismissal of revision petition and procedural orders (Para 13 , 14 , 15) |
JUDGMENT
Mr. Gurbir Singh, J.
Challenge in this revision petition filed under Article 227 of the Constitution of India is to order dated 10.02.2020 (Annexure P-7), passed by learned Civil Judge (Senior Division), Bathinda (hereinafter referred to as - the Trial Court), whereby application under Order 6, Rule 17 CPC, moved by the plaintiff-respondent, for amendment of replication, has been allowed.
2. Petitioners are the defendants before the Trial Court.
3. Learned counsel for the petitioners submits that the plaintiff-respondent filed a suit for recovery of Rs.12,17,000/- (Rs.9,00,000/- being the principal amount and Rs.3,17,000/- being interest amount @ 12% per annum from the date of advancement of loan till the date of filing of suit).
4. The petitioners, being defendants, contested the suit by filing written statement and denied the advancement of loan. It was further
The judgment emphasizes the principle that allowing an amendment at a late stage, which would necessitate a de-novo trial, should be carefully considered.
Amendments to pleadings may be allowed if imperative for proper adjudication and do not fundamentally change the nature of the case.
Amendments to pleadings are essential for effective adjudication and should not be denied unless significantly prejudicial; discovering new evidence can justify amending pleadings to reflect accuracy....
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