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IN THE HIGH COURT OF PUNJAB AND HARYANA AT CHANDIGARH
SUVIR SEHGAL
Jatinderbir Singh @ Satinderbir Singh (Now Deceased) Through Lrs. – Appellant
Versus
Manmohan Singh – Respondent
JUDGMENT :
Suvir Sehgal J.
Instant revision petition has been filed impugning order dated 06.11.2019, passed by the learned Civil Judge (Junior Division) Ludhiana, whereby an application filed under Order 6 Rule 17 CPC by the plaintiff-respondent No.l, for amendment of the plaint has been accepted.
2. Counsel for the petitioner contends that despite availing numerous opportunities, plaintiff did not produce even a single witness and in order to avoid the dismissal of the suit, filed an application for amendment of the plaint, which has been erroneously accepted by the trial Court. He asserts that the amendment could not have been accepted as plaintiff failed to show due diligence. It is his assertion that by virtue of amendment, plaintiff has enlarged the scope of the suit, which cannot be permitted. He has placed reliance upon:-
(i) Bishan Singh and another Versus Roshan Kaur and others , 2011(54) RCR (Civil) 7;
(ii) Gurdev Singh Versus Tarsem Singh , 2017 (3) RCR (Civil) 488; and
(iii) Nirmal Kaur Versus Gurdip Singh , Law Finder DocId# 1615149
3. While opposing the petition, counsel for respondent No.l/plaintiff has argued that the power vested in the Court to grant amendment is ver
Amendments post-trial commence require due diligence; failure to demonstrate this results in denial.
Amendments to pleadings post-trial require showing of due diligence, and must not alter the fundamental nature of the case, or cause undue prejudice to the opposing 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.
Amendments to pleadings after trial commencement require demonstration of due diligence; extensions must not be granted mechanically.
Order 6 Rule 17 CPC, which reads as amendment of pleadings.
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