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PUNJAB AND HARYANA HIGH COURT AT CHANDIGARH
ALKA SARIN
Baldei – Appellant
Versus
Hargian – Respondent
| Table of Content |
|---|
| 1. facts surrounding the ownership and claims to property. (Para 1 , 2) |
| 2. arguments presented by both parties regarding the necessity and implications of the amendment. (Para 3 , 4) |
| 3. court observations on the implications of amending the plaint and changing the suit nature. (Para 5 , 6 , 7) |
| 4. final judgment regarding the amendment application. (Para 8) |
| 5. conclusion of the case disposal and its implications. (Para 9) |
JUDGMENT :
Alka Sarin, J. (Oral)
1. Present revision petition has been filed under Article 227 of the Constitution of India challenging the order dated 05.07.2019 whereby application filed by the plaintiff-respondent No.1 for amendment of the plaint at the stage of rebuttal has been allowed.
2. The brief facts relevant to the present lis are that the plaintiff-respondent No.1 herein filed a simpliciter suit for permanent injunction averring therein that one plot measuring 0 kanal 10 marlas gair mumkin comprised in Khewat and Khatauni No.139/194 and Khasra No.242/359 (in two kitas) measuring 0-2 marlas gair mumkin garha khad and 0-8 gair mumkin gitwara total measuring 0-10 marlas situated within the revenue estate of village Karewari, Tehsil and District Son
Amendments should be allowed for effective adjudication unless they create an entirely new case or disadvantage the opposite party.
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.
The main legal point established in the judgment is that an amendment to convert a suit from one relief to another relief may be allowed if it does not alter the basic structure of the suit and curta....
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 to pleadings post-trial commencement are not permissible unless due diligence is shown, ensuring they do not alter the fundamental character of the case.
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