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SANJAY VASHISTH
Mohan Chauhan – Appellant
Versus
Tej Singh – Respondent
| Table of Content |
|---|
| 1. challenges to amendments in pleadings based on legal notices. (Para 1 , 2 , 3) |
| 2. court observations regarding the impact of amendment applications on legal rights. (Para 6 , 10 , 26) |
| 3. arguments on the necessity and timing of amendment applications. (Para 12 , 13 , 14 , 15) |
JUDGMENT
Mr. Sanjay Vashisth, J. (Oral)
Present revision petition has been filed by the plaintiff (petitioner herein), challenging the order dated 08.05.2023 (Annexre P-5) passed by learned Additional Civil Judge (Senior Division), Sonepat, whereby an application under Order VI Rule 17 of the CIVIL PROCEDURE CODE (C.P.C.), for seeking amendment of pleading in the plaint at the instance of plaintiff, has been dismissed.
2. Plaintiff filed a civil suit No.335/2018 against the defendants (respondents herein) praying for a decree of possession by way of specific performance of the contract and also to declare the legal notice dated 01.06.2016 issued by defendants to the plaintiff through Sh. Ashwani Sharma, Advocate, as illegal, null, void, and not binding on the rights of the plaintiff; along with consequential relief of injunction.
Pleaded case of the plaintiff is that vide agreement to sell date
Amendments to pleadings are allowed if they do not alter the nature of the suit and are necessary for effective adjudication, provided they do not cause injustice to the other party.
Relief in civil suits must be strictly based on pleadings, and a plaintiff cannot obtain a decree for a different parcel of land than that specified in the suit.
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....
A plaintiff's failure to seek explicit title declaration does not render the suit unmaintainable if sufficient evidence of ownership exists, especially when the trial is ongoing.
The main legal point established in the judgment is that amendments to pleadings should be allowed if necessary for determining the real question in controversy, do not cause injustice or prejudice t....
A court can deny amendment requests under Order 6 Rule 17 CPC if due diligence is lacking after trial commencement.
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