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ALKA SARIN
Jasbir Kaur – Appellant
Versus
Balwinder Kaur – Respondent
JUDGMENT :
Alka Sarin, J.
The present revision petition has been filed under Article 227 of the Constitution of India challenging the order dated 13.09.2019 (Annexure P-1) passed by the learned Additional Civil Judge (Senior Division), Fatehgarh Sahib vide which the application filed by the plaintiff-petitioner Order 6 Rule XVII CPC for amendment of the plaint (wrongly referred to as written statement in the impugned order) was dismissed.
2. Brief facts relevant to the present lis are that the plaintiff-petitioner herein filed a suit for possession of the property as mentioned in head note ‘A’ of the plaint from defendant-respondents No.2 and 3 and a suit for permanent injunction. It was averred in the plaint that property mentioned as ABCD in the site plan Annexure ‘X’ was meant for tying animals and house shown as EFGHIMJKL was a residential house of the plaintiff-petitioner. From this house, husband of the plaintiff-petitioner purchased EFGHML from Randhir Singh and Kuldeep Singh vide a registered sale deed dated 16.04.1984. It was further averred that husband of the plaintiff-petitioner opened a door from this property into the main house which was ancestral house and thus the sam
Amendments to pleadings that significantly alter the nature of the suit and require fresh evidence cannot be permitted once evidence has already been led based on initial pleadings.
Amendments should be allowed for effective adjudication unless they create an entirely new case or disadvantage the opposite party.
The court held that amendments to pleadings should not alter the fundamental nature of the case and must be sought in a timely manner.
Amendment of pleadings is allowed if necessary for adjudication and does not cause injustice to the other side, as affirmed under Order 6 Rule 17 CPC.
Amendment of plaint – If amendment is necessary for deciding real controversy between parties and for arriving at a just conclusion, such amendment could be allowed even at a late stage.
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