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ALKA SARIN
Birendra Kumar Chourasia – Appellant
Versus
Taneja Developers & Infrastructure Ltd – Respondent
JUDGMENT :
Alka Sarin, J.
The present revision petition has been filed under Article 227 of the Constitution of India challenging the impugned order dated 31.05.2023 whereby the application filed by the plaintiff-petitioner under Order 6 Rule 17 of the Code of Civil Procedure, 1908 (CPC) for amendment of the plaint has been dismissed.
2. Brief facts relevant to the present lis are that the plaintiff-petitioner filed a suit for recovery of Rs.42,80,000/- alongwith interest @ 18% per annum from 28.12.2016 till actual realization. Written statement was filed on behalf of the defendant-respondents wherein a specific statement was made that they were ready and willing to allot a plot to the plaintiff-petitioner in Sectors 37, 38 and 39, but the plaintiff-petitioner had refused to accept the same and had also refused to enter into the plot-buyer agreement. However, the plaintiff-petitioner was insisting on an allotment in Sector 23, Panipat. It was further stated that in order to avoid any litigation, they were ready to allot a plot to the plaintiff-petitioner in Sector 23, Panipat at the agreed rate subject to a limited period offer after filing of the written statement. However, it was de
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 should be allowed if the party could not have raised the matter before the commencement of the trial despite due diligence.
Amendments should be allowed for effective adjudication unless they create an entirely new case or disadvantage the opposite party.
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.
A categorical admission made in the pleadings cannot be permitted to be withdrawn by way of an amendment. The attempt to change the entire stand from denying the execution of the agreement to admitti....
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.
Amendments to pleadings should be liberally allowed to ensure justice, especially for litigants relying on their advocates, unless they cause serious prejudice.
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