Back
PUNJAB AND HARYANA HIGH COURT AT CHANDIGARH
PANKAJ JAIN
Preet Jot Kaur – Appellant
Versus
Hardeep Singh – Respondent
JUDGMENT :
Pankaj Jain, J.
Instant revision petition is directed against the order dated 31st of May, 2016 passed by Civil Judge (Junior Division), Ludhiana whereby the application filed under Order 6 Rule 17 CPC by the respondent/plaintiff seeking amendment in the plaint has been allowed.
2. For convenience, the parties hereinafter are referred to by their original position in the suit i.e. the petitioner as the defendant and the respondent as the plaintiff.
3. Plaintiff filed suit for possession w.r.t. possession of property bearing house No.7775/8, New Janta Nagar, Gill No.2, ATI Road, Ludhiana. The property was also described by boundaries.
4. Suit was contested by the defendant. Among the other preliminary objections, it was specifically pleaded that the plaintiff has no connection with the property bearing No.7775/8, New Janta Nagar, Gill No.2, ATI Road, Ludhiana i.e. the property mentioned in the head-note of the plaint.
5. The present application was moved by the plaintiff seeking amendment of the plaint to the effect that inadvertently and due to typographical mistake the description of the suit property was wrongly written as property bearing No.7775/8, New Janta Nagar, Gill No
[The court established that amendments to pleadings can be allowed even after the commencement of trial under Order 6 Rule 17 of the CPC, provided the party demonstrates due diligence and the nature ....
Amendments to pleadings under Order VI Rule 17 CPC can be allowed at any stage of the proceedings, provided they do not change the nature of the suit or introduce new causes of action that would prej....
Clerical and arithmetical errors in judgments can be corrected under Section 152 of the CPC without altering substantive rights, and the High Court has the authority to intervene under Article 227 to....
[The court established that amendments to pleadings under Order VI Rule 17 of the CPC can be allowed at any stage of the proceedings, provided they do not change the fundamental nature of the suit an....
(1) Striking out pleadings and rejection of plaint – Once specific provision under Order VII Rule 11 of CPC, is available, High Court cannot exercise powers under Article 227 to reject or strike off ....
Civil Suit - Jurisdiction of Court - Only wrong decision may not be a ground for exercise of jurisdiction under this article unless wrong is referable to grave dereliction of duty, flagrant abuse of ....
The court emphasized the limited scope of interference under Article 227 and the need for supervisory correction in exercising jurisdiction.
The judgment emphasizes the limitations and conditions for exercising supervisory jurisdiction under Article 227 of the Constitution of India.
An indispensable Tool for Legal Professionals, Endorsed by Various High Court and Judicial Officers
Please visit our Training & Support
Center or Contact Us for assistance
Scan Me!
India’s Legal research and Law Firm App, Download now!
For Daily Legal Updates, Join us on :
Back to top
