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PUNJAB AND HARYANA HIGH COURT AT CHANDIGARH
ALKA SARIN
Bishamber – Appellant
Versus
Dwarki – Respondent
JUDGMENT :
Alka Sarin, J.
The present revision petition has been filed by the plaintiff-petitioner challenging the impugned order dated 07.09.2019 (Annexure P-1) whereby the application filed under Order 6 Rule 17 of the Code of Civil Procedure, 1908 (CPC) for amendment of the plaint has been dismissed.
2. Brief facts relevant to the present lis are that the plaintiff-petitioner filed a suit for declaration that the plaintiffs (petitioner and proforma respondent Nos.3 to 6 herein) are owners in possession of the land as fully detailed in the plaint. It was the case set up by the plaintiffs that Bhoomla was owner in possession of the suit land and upon his death on 16.11.1974, mutation No.549 was sanctioned on 16.01.1975 in favour of Jahar @ Jaharia, father of the plaintiff-petitioner, Chhotte Lal (defendantrespondent No.2 herein), Smt. Janki, Smt. Anchi, Smt. Mohra and Smt. Panchi. It was further the case set up that Chhotte Lal (defendant respondent No.2 herein) and Smt. Janki, Smt. Anchi, Smt. Mohar and Smt. Panchi daughters of Bhoomla transferred their 5/6th share out of the suit property vide judgment and decree dated 28.07.1975 in favour of Smt. Dwarki (defendant-respondent No.1
Amendments to pleadings should be allowed if necessary for determining the real questions in controversy, provided they do not change the nature of the suit or cause prejudice.
Court ruled that procedural amendment requests should be allowed even after the trial begins, provided they clarify existing claims and do not introduce new issues.
The main legal point established in the judgment is that the amendment of pleadings under Order VI Rule 17 of the CPC should be allowed only if it is necessary to determine the real issue in controve....
Amendment of plaint – If amendment is necessary for deciding real controversy between parties and for arriving at a just conclusion, such amendment could be allowed even at a late stage.
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