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ALKA SARIN
Jasbir Kaur – Appellant
Versus
Balwinder Kaur – Respondent
| Table of Content |
|---|
| 1. revision petition challenging dismissal of amendment application. (Para 1 , 2) |
| 2. arguments on the implications of amendment on proceedings. (Para 3 , 4) |
| 3. court's observations regarding evidence and admissibility. (Para 5) |
| 4. court's reasoning on inadvertence and evidence. (Para 6) |
| 5. dismissal of the revision petition. (Para 7) |
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
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.
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