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IN THE HIGH COURT OF PUNJAB AND HARYANA AT CHANDIGARH
VIKRAM AGGARWAL
Mahender – Appellant
Versus
Elite Realtech Private Limited – Respondent
JUDGMENT :
Vikram Aggarwal, J. (Oral) -
The present revision petition is directed against the order dated 22.03.2018 (Annexure P-10), passed by the Court of learned Civil Judge (Junior Division), Faridabad vide which the application filed by the respondent-plaintiff under Order 6 Rule 17 read with Section 151 of the Code of Civil Procedure, 1908 (for short 'CPC') for amendment of plaint (Annexure P-3) was allowed.
2. The facts, as emanating from the revision petition, are that initially, one M/s Shalimar Town Planners Private Limited (sister concern of the present respondent-plaintiff) instituted a suit for permanent injunction asserting that an agreement to sell dated 04.01.2007 (Annexure P-1) had been executed between the parties. Written statement (Annexure P-2) was filed. Subsequently, an application for amendment of plaint (Annexure P-3) was filed seeking to convert the suit from permanent injunction to a suit for possession by way of specific performance of the agreement to sell with consequential relief of permanent injunction. This application is stated to have been allowed. However, subsequently, the suit was withdrawn on 09.08.2011 on the ground that a compromise had been
Amendments to pleadings under CPC should be allowed liberally unless they change the nature of the suit or cause injustice to the other party.
The court emphasized the importance of bona fide amendments and a liberal approach to avoid multiplicity of litigations while considering applications for amendment under Order 6 Rule 17 of the CPC.
The court upheld a liberal approach to amendments in pleadings, allowing inconsistencies unless they cause prejudice, emphasizing the need for effective adjudication of the real issues.
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.
A categorical admission made in the pleadings cannot be permitted to be withdrawn by way of an amendment.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....
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