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PUNJAB AND HARYANA HIGH COURT AT CHANDIGARH
VIKAS BAHL
Vishal – Appellant
Versus
Sunita – Respondent
JUDGMENT :
Vikas Bahl, J. (Oral)
1. This is a revision petition filed under Article 227 of the onstitution of India for setting aside the order dated 04.03.2024 (Annexure P-5) passed by the Civil Judge (Junior Division) Ganaur, Sonepat, vide which an application under Order 6 Rule 17 of CPC (Annexure P-3) filed by the petitioners/defendants for amendment in the written statement has been dismissed.
ARGUMENTS ON BEHALF OF THE PETITIONERS:-
2. Learned counsel for the petitioners has submitted that in the present case, the suit was filed by respondent No.1-Sunita on 21.08.2018 on the plea that her father-in-law was the owner of the property and she had a registered Will dated 10.01.1997 in her favour. It is submitted that the written statement was filed in the said case and in the said written statement, inadvertently, the petitioners did not take the plea that the suit property was ancestral coparcenary property and the fact that the father-in-law of respondent No.1 was the owner, was not disputed. It is submitted that when the evidence of the defendants had started, the petitioners, after seeing the relevant records, found that the property in question was ancestral coparcenary property
Amendments to pleadings should be liberally allowed to resolve the real controversy, particularly regarding property ownership derived from a registered Will, which does not create ancestral property....
Established limits for amending pleadings after trial onset under CPC provisions.
Amendments to pleadings may be permitted at any stage unless they change the fundamental nature of the case; sufficient diligence must be shown when applying post-trial commencement.
Amendments to pleadings in partition suits should be liberally allowed to ensure justice and avoid multiplicity of proceedings, without assessing the merits of the amendment at the initial stage.
(1) Amendment of plaint – At stage of amendment, merits or correctness of plea sought to be added is not required to be gone into.(2) Amendment of plaint – Partition suit – Mere delay in filing petit....
A court can deny amendment requests under Order 6 Rule 17 CPC if due diligence is lacking after trial commencement.
Amendments to pleadings after the commencement of trial are restricted and require demonstration of due diligence to be permitted.
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