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PUNJAB AND HARYANA HIGH COURT AT CHANDIGARH
VIKRAM AGGARWAL
Bharat Food And Agro Products – Appellant
Versus
Bapu Assa Ram Ji & Company – Respondent
JUDGMENT :
Vikram Aggarwal, J. (Oral)
The instant revision petition, preferred under Article 227 of the Constitution of India, assails the order dated 20.05.2024 (Annexure P-9), passed by the Court of Civil Judge (Jr. Divn.), Moonak, vide which the application moved by respondent No.1-plaintiff under Order 6 Rule 17 CPC for amendment of plaint was allowed.
2. A suit for recovery of Rs.30,20,218/- (Annexure P-1) was filed by respondent No.1-plaintiff against the petitioners and proforma respondents No.2 & 3. Written statement and counter-claim (Annexure P-2) were filed followed by reply to the counter claim (Annexure P-3). During the pendency of the suit, an application under Order 6 Rule 17 read with Section 151 CPC (Annexure P-4) was moved seeking certain amendments in the plaint.
3. The said application was opposed by way of reply (Annexure P-5).
4. Vide impugned order dated 20.05.2024 (Annexure P-9), the application for amendment in the plaint was allowed, leading to the filing of the instant revision petition.
5. I have heard learned counsel for the parties.
6. Learned counsel for the petitioners submits that the amendment was erroneously allowed, as respondent No.1-plaintiff failed t
Amendments to pleadings under Order 6, Rule 17 CPC should be liberally allowed unless they cause serious injustice or change the nature of the suit.
The court clarified that the proviso to Order VI Rule 17 CPC does not apply strictly in revisional proceedings, emphasizing that amendments introducing new factual assertions and withdrawing admissio....
Point of law: High Court can interfere in exercise of its power of superintendence, when there has been a patent perversity in the orders of the Tribunals and Courts subordinate to it or where there ....
Courts should be extremely liberal in granting the prayer for amendment of pleadings unless serious injustice or irreparable loss is caused to the other side. The amendment to pleading should be libe....
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