Back
PUNJAB AND HARYANA HIGH COURT AT CHANDIGARH
VIKAS BAHL
Raj Pal – Appellant
Versus
Sanjiv Kumar – Respondent
JUDGMENT :
Vikas Bahl, J.
This is a revision petition filed under Article 227 of the Constitution of India for setting aside the order dated 21.08.2024 (Annexure P1) passed by the Additional Civil Judge (Senior Division), Patti whereby an application under Order 6 Rule 17 CPC filed by defendant No.l for seeking amendment of the written statement, has been rejected.2. Learned counsel for the petitioner has submitted that the petitioner wishes to amend the written statement so as to make the averments with respect to the agreement-cum-compromise dated 22.10.2015, which as per the case of the petitioner, was effected before the SHO, Police Station City Patti, District Tarn Taran and for the said purpose, wishes to amend para 5 of the preliminary objections of the written statement and also para 7 on merits of the written statement. It is further submitted that due to lack of communication, inadvertence as well as due to lapse of earlier counsel of the petitioner, the said facts could not be incorporated in the written statement. It is submitted that the application filed by the petitioner is meritorious and same deserves to be allowed and the impugned order deserves to be set aside.
3. T
Established limits for amending pleadings after trial onset under CPC provisions.
The main legal point established in the judgment is that the amendment of pleadings at an advanced stage of the trial should be carefully considered, especially when it may prejudice the opposing par....
The main legal point established in the judgment is the significance of due diligence in seeking amendments to pleadings after the commencement of trial, as well as the purpose of the amendment to cu....
The court established that amendments to written statements can be allowed post-trial commencement if they clarify existing facts and do not prejudice the opposing party.
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....
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
