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PUNJAB AND HARYANA HIGH COURT AT CHANDIGARH
VIKRAM AGGARWAL
Rahul – Appellant
Versus
Ajmer Singh – Respondent
JUDGMENT :
Vikram Aggarwal, J. (Oral)
Challenge in the instant revision petition, preferred under Article 227 of the Constitution of India, is to the order dated 16.07.2025 (Annexure P-1), passed by the Court of Additional Civil Judge (Sr. Divn.), Kaithal, vide which the application filed by the petitioners/defendants No.3 & 4 under order 6 Rule 17 of the Code of Civil Procedure, 1908 (for short, 'CPC') for amendment of written statement was dismissed.
2. The facts, as emanating from the revision petition, are that one Ajmer Singh instituted a suit (Annexure P-2) for possession by way of specific performance of registered agreement to sell dated 07.08.2012 against four defendants: Mamo Devi, Neelam wife of Balwan Singh, Rahul (minor) son of Balwan Singh, and Garima (minor) daughter of Balwan Singh. Defendants No.3 & 4 were sued through their mother, Smt. Neelam, being their natural guardian.
2.1 It was averred that registered agreement to sell dated 07.08.2012 had been executed by Balwan Singh for the sale of land measuring 4 kanals 11 marlas (fully described in the plaint), situated in the revenue estate of Village Kheri Matarwa, District Kaithal, to the plaintiff for a total sale con
A categorical admission made in the pleadings cannot be permitted to be withdrawn by way of an amendment. The attempt to change the entire stand from denying the execution of the agreement to admitti....
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.
The Court emphasized the importance of allowing amendments to pleadings to ensure a fair opportunity for both parties to present their case and cited relevant case law to support its decision.
Amendments to written statements should be liberally allowed to ensure justice, even if they introduce new defenses or clarify existing ones.
Established limits for amending pleadings after trial onset under CPC provisions.
The main legal point established is that the allowance of counter-claims should be approached with a balanced perspective, considering the cause of justice and the need for procedural fairness.
The court upheld a liberal approach to amendments in pleadings, allowing inconsistencies unless they cause prejudice, emphasizing the need for effective adjudication of the real issues.
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....
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