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VIKAS BAHL
Mubarik Rai (D) through his LRs. – Appellant
Versus
Rajinder Pal Sachar (D) through his LRs. – Respondent
JUDGMENT :
Vikas Bahl, J.
1. Present revision petition has been filed by the defendant under Article 227 of the Constitution of India for setting aside the impugned order dated 23.08.2024 (Annexure P-1) passed by the Civil Judge (Junior Division), Patiala in CM/643/2018 titled as Mubarik Rai Vs. Rajinder Pal Sachar pending for 03.10.2024, whereby the application dated 26.04.2023 (Annexure P-13) filed under Order 6 Rule 17 CPC for amendment of the application under Order 9 Rule 13 CPC has been dismissed.
2. Brief facts of the case are that the respondent (now represented through his LRs) filed a suit for declaration to the effect that the respondent was the owner in possession of the property in question. The present petitioner/defendant (now represented through his LRs) were proceeded against ex-parte and vide the judgment and decree dated 08.10.1999 (Annexure P-3). The suit filed by the respondent-plaintiff was dismissed. An appeal was filed by the respondent-plaintiff and even in the said appeal, the present petitioner/defendant was proceeded against exparte by observing that notice in the appeal was issued to the petitioner/defendant and since he was proceeded ex-parte before the t
Amendments to pleadings under Order 6 Rule 17 CPC are not permitted after trial commencement unless due diligence is demonstrated, which was not shown in this case.
A court can deny amendment requests under Order 6 Rule 17 CPC if due diligence is lacking after trial commencement.
Amendments to pleadings post-trial require showing of due diligence, and must not alter the fundamental nature of the case, or cause undue prejudice to the opposing party.
The court emphasized the importance of bona fide amendments and a liberal approach to avoid multiplicity of litigations while considering applications for amendment under Order 6 Rule 17 of the CPC.
Point of law: High Court can interfere in exercise of its power of superintendence, when there has been a patent perversity in the orders of the Tribunals and Courts subordinate to it or where there ....
Court ruled that procedural amendment requests should be allowed even after the trial begins, provided they clarify existing claims and do not introduce new issues.
Established limits for amending pleadings after trial onset under CPC provisions.
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