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PUNJAB AND HARYANA HIGH COURT AT CHANDIGARH
VIKAS SURI
Jasvir Singh – Appellant
Versus
Iqbal Kaur – Respondent
JUDGMENT :
Vikas Suri, J.
1. Prayer in this petition under Article 227 of the Constitution of India is for setting aside the order dated 12.04.2024 (Annexure P-5) passed by learned Civil Judge (Junior Division), Ludhiana, whereby the application filed by the petitioner-plaintiffs under Order 6 Rule 17 CPC, for amendment of plaint, has been rejected.
2. Learned counsel for the petitioner submits that the petitioner- plaintiffs filed a suit for recovery of Rs.52,92,000/-, i.e. Rs.36,00,000/- as principal amount paid as earnest money by the plaintiffs to defendant Nos.1 to 4 at the time of execution of agreement dated 25.02.2014 along with Rs.16,92,000/- as interest from 25.02.2014 to 24.01.2018; and for future interest. The relief of permanent injunction has also been sought in the said suit.
2.1 The petitioner-plaintiffs moved an application dated 18.01.2023 (Annexure P-3) seeking amendment of the plaint and, besides making additional averments, add the prayer in the alternative for decree of possession by way of specific performance and for a decree for mandatory injunction.
2.2 Upon notice of the application, the same was opposed by filing reply thereto. The trial Court, on considerati
Section 22 of the Specific Relief Act permits amendments to include claims for refund of earnest money at any stage, overriding limitations in the CPC.
Amendments to pleadings under Order VI Rule 17 of CPC should be allowed if necessary for determining real issues, provided they do not cause injustice to the other party.
Amendments to pleadings under Order VI Rule 17 of CPC should be allowed if necessary for justice and do not change the nature of the suit.
The court affirmed that amendments to pleadings should be liberally granted to serve justice, particularly when the cause of action arises from recent developments, like the dismissal of a related ci....
An amendment can only be allowed if it is necessary for deciding the real controversy between the parties regarding the pending suit and not beyond that.
In a suit for specific performance of contract, plaintiff may also claim compensation for its breach in addition to such performance.
The main legal point established in the judgment is that the provisions of Sections 21 and 40 of the Specific Relief Act and Order 6 Rule 17 C.P.C mandate the court to allow the plaintiff to seek an ....
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....
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