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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
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 defendants restraining them from interfering in the peaceful possession of the plaintiffs and from dispossessing them forcibly and illegally from the suit land and further from alienating the suit land.
4. By way of proposed amendment, the plaintiffs seek to amend the plaint incorporating following amendments:
“a. That words “mother of the plainti
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....
Amendments to pleadings are permissible under Article 227 if they are necessary to resolve the real controversy, provided they do not cause undue prejudice to the opposing party.
Amendments to pleadings under Order 6 Rule 17 CPC are permissible if they do not change the fundamental character of the suit and aim to avoid multiplicity of proceedings.
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