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IN THE HIGH COURT OF PUNJAB AND HARYANA AT CHANDIGARH
PARMOD GOYAL
Kulwant Singh Saini – Appellant
Versus
Jaspreet Singh – Respondent
JUDGMENT :
Parmod Goyal, J.
The plaintiff-petitioner is aggrieved by the order dated 17.12.2017 (Annexure P-4) passed by the Learned Civil Judge (Junior Division), Amritsar, whereby the application filed by the plaintiff-petitioner under Order VI Rule 17 of the Code of Civil Procedure, seeking amendment of the plaint, was dismissed.
2. At the stage of plaintiff's evidence, the plaintiff-petitioner preferred an application under Order VI Rule 17 of the Code of Civil Procedure seeking amendment of the plaint. The plaintiff-petitioner filed a suit for declaration, claiming ownership and possession of the suit property as detailed in the plaint.
3. It is the case of the plaintiff-petitioner that during the pendency of the suit, while making efforts to locate and collect relevant documents, he came across two material documents, namely:
(1) An agreement dated 19.01.1982 executed by M/s Saini & Co. Rice Mills through its partner Sh. Mandeep Saini (defendant), whereby an area measuring 4 Kanal 10 Marlas was taken on lease at a monthly rent of ?1,500/- for a period of 20 years; and
(2) A registered lease deed dated 23.02.1988 executed by the plaintiff-petitioner in favour of defendant No. 1, Ja
The court emphasized a liberal approach to granting amendments, particularly considering the petitioner's advanced age, allowing justice to prevail despite procedural delays.
Amendments to pleadings after the commencement of trial are restricted and require demonstration of due diligence to be permitted.
Point of Law : plea regarding exercise of due diligence and necessity of seeking amendment of written statement are conspicuously absent. Under such circumstances, the question of exercising due dili....
The due diligence test in Order VI Rule 17 of the Code of Civil Procedure does not apply universally to all amendments after trial commencement; courts should focus on the necessity of amendments for....
Amendments to written statements are permissible to clarify defenses without withdrawing admissions, particularly before trial commencement.
Amendment of Plaint – Test of deciding real controversy is applicable when amendment is asked for prior to commencement of trial—After commencement of trial, only test of due diligence is to be seen.
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