Back
PUNJAB AND HARYANA HIGH COURT AT CHANDIGARH
NIDHI GUPTA
Saraswati – Appellant
Versus
Roshni Devi – Respondent
JUDGMENT :
Nidhi Gupta, J.
Present Civil Revision Petition has been filed by the defendant under Article 227 of the Constitution of India for setting aside of the order dated 08.07.2024 (Annexure P-6) passed by the learned Civil Judge (Junior Division), Gurugram; whereby application filed by the respondent/plaintiff under Order 6 Rule 17 CPC for amendment of the plaint (Annexure P-3), has been allowed.
2. It is inter alia submitted by learned counsel for the petitioner that the learned trial Court was in error in passing the impugned order as amendment of plaint has been allowed after commencement of trial, and after 5 plaintiff witnesses stood examined. Thus, order has been passed without application of judicious mind. Moreover, the amendment sought by the plaintiff would change the nature of the suit. The learned Civil Judge has also not considered the aspect of due diligence. Thus, the impugned order is not a speaking order; and therefore, deserves to be set aside.
3. Per contra, learned counsel for the respondent/plaintiff opposes submissions of the petitioner and submits that by way of amendment only an ancillary relief was sought by the respondent which had come to her knowledge
Amendments to pleadings post-trial require showing of due diligence, and must not alter the fundamental nature of the case, or cause undue prejudice to the opposing party.
Amendments post-trial commence require due diligence; failure to demonstrate this results in denial.
The court emphasized the importance of bona fide amendments and a liberal approach to avoid multiplicity of litigations while considering applications for amendment under Order 6 Rule 17 of the CPC.
Amendment in plaint – In terms of Order VI, Rule 17 of CPC, Court may at any stage of proceedings allow either of parties to alter or amend pleadings, in such manner or on such terms, as may be just.
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.
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
