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VIKAS BAHL
Brij Mohan Kapoor – Appellant
Versus
Pushpa Mahajan – Respondent
JUDGMENT :
Vikas Bahl, J.
1. Present revision petition has been filed under Article 227 of the Constitution of India for setting aside the impugned order dated 13.03.2024 passed by the trial Court vide which the application filed by the respondent/plaintiff seeking amendment of the plaint has been allowed.
2. Brief facts of the case are that the respondent-plaintiff had filed a suit for mandatory injunction directing the defendant to close the doors opened at point X, Y & Z on first, second and third floor as shown in red colour in the building marked as ABCD in blue colour in the site plan annexed with the plaint. A written statement was filed by the defendant-petitioner in which it was averred that the plaintiff was a tenant in the shop in dispute and thus, the possession of the plaintiff was not disputed. On 25.05.2022, an application was filed by the respondent/plaintiff for amendment of the plaint and in the said application, it was stated that the case was fixed for the evidence of the plaintiff and during the pendency of the suit, about a week before filing the application, the defendant had refused to allow the plaintiff from raising a wall from point C to point B up till the
Amendments to pleadings should be allowed to determine real questions in controversy, without adjudging their merits at the amendment stage.
The principle that amendments to pleadings should be allowed to ensure justice and to determine the real questions in controversy, provided they do not cause injustice or prejudice to the other party....
Amendments to pleadings are permissible when necessary to resolve the real dispute between parties, particularly when issues have not been framed, to avoid multiplicity of litigation.
Courts should be liberal in allowing amendments to pleadings to determine the real question in controversy between the parties, minimizing litigation, and ensuring justice.
Amendments to pleadings post-trial commencement are not permissible unless due diligence is shown, ensuring they do not alter the fundamental character of the case.
Courts should be extremely liberal in granting the prayer for amendment of pleadings unless serious injustice or irreparable loss is caused to the other side. The amendment to pleading should be libe....
Amendment in plaint – Delay in filing application for amendment by itself cannot be a ground for rejecting application.
Amendments under Order VI Rule 17 of the CPC should be permitted if they do not alter the nature of the suit and are necessary for fair adjudication.
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