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IN THE HIGH COURT OF PUNJAB AND HARYANA AT CHANDIGARH
ALKA SARIN
Budh Singh – Appellant
Versus
Amrit Lal @ Amrit Pal Singh – Respondent
JUDGMENT :
Alka Sarin, J.
The present revision petition has been filed under Article 227 of the Constitution of India challenging the impugned order dated 30.10.2018 whereby the application filed by the plaintiff-respondent under Order 6 Rule 17 of the Code of Civil Procedure, 1908 (CPC) for amendment of the plaint has been allowed.
2. Brief facts relevant to the present lis are that the plaintiff-respondent herein filed a suit for permanent injunction for restraining the defendant-petitioner from interfering in the peaceful, lawful and exclusive possession of the plaintiff-respondent over one shop measuring 16 sq. yds. fully described in the plaint. It was averred in the plaint that the defendant-petitioner was owner in possession of the suit property and that vide the agreement to mortgage dated 15.06.1999 the defendant-petitioner mortgaged the shop in dispute for a total sum of ?29,000/- and the plaintiff-respondent was put in actual physical possession of the said shop. It was further averred that the defendant-petitioner had agreed to register the regular mortgage deed on 14.06.2001 after receiving the remaining mortgage amount. An injunction was sought against the defendant-pe
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.
Amendments should be allowed for effective adjudication unless they create an entirely new case or disadvantage the opposite party.
Amendments to pleadings must be liberally allowed unless they change the nature of the suit or introduce a time-barred claim.
Amendments to pleadings after the commencement of trial require showing due diligence; failure to do so warrants dismissal, especially if the amendment fundamentally alters the nature of the proceedi....
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.
The main legal point established in the judgment is that while deciding an application under Order VII Rule 11 CPC, only the averments of the plaint are to be considered, and the arguments raised by ....
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