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IN THE HIGH COURT OF PUNJAB AND HARYANA AT CHANDIGARH
PANKAJ JAIN
Man Singh Chauhan Alias Man Singh – Appellant
Versus
Bhanwar Singh – Respondent
| Table of Content |
|---|
| 1. plaintiffs' claim as legal representatives. (Para 1 , 2 , 3) |
| 2. proposed amendments to the plaint. (Para 4 , 5) |
| 3. parties' arguments regarding amendments. (Para 6 , 7) |
| 4. court's review of amendment process. (Para 8 , 9) |
| 5. standards for allowing amendments. (Para 10 , 11 , 12) |
| 6. outcome of the revision application. (Para 13) |
JUDGMENT :
PANKAJ JAIN, J.
1. Defendants are in revision aggrieved of order dated 26th of September, 2022 whereby the amendments sought by the plaintiffs in the plaint stands allowed.
2. For convenience, the parties hereinafter are referred to by their original position in the suit i.e. the appellants as the defendants and the respondents as the plaintiffs.
3. Plaintiffs filed suit for declaration claiming themselves to be the legal representatives of Sh. Nihal Singh, their mother namely Smt. Saroj being his daughter and thus entitled to his estate. The plaintiffs sought decree of declaration to the effect that Mutation No.2697 dated 17th of January, 1987 sanctioned in favour of the defendants is wrong, illegal, null and void, inoperative and not binding on the rights of the plaintiffs. Further sought decree of permanent injunction against the defe
Amendments to pleadings should be allowed when they are necessary for just adjudication and do not alter the fundamental nature of the suit, ensuring the resolution of real questions in controversy w....
Amendments to a plaint should generally be permitted unless they change the nature of the lawsuit or cause injustice to the opposing party, especially when the case is still at a preliminary stage.
Amendments to pleadings should be allowed to ensure effective adjudication, provided they do not alter the basic structure of the suit or infringe upon the rights of the opposing party.
The court highlighted the importance of allowing amendments to pleadings only if necessary for determining the real questions in controversy between the parties and emphasized that such amendments sh....
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