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IN THE HIGH COURT OF PUNJAB AND HARYANA AT CHANDIGARH
DEEPAK GUPTA
Sanjeev Kumar – Appellant
Versus
Sunil Kumar – Respondent
| Table of Content |
|---|
| 1. dispute regarding possession of property. (Para 1 , 2 , 3) |
| 2. plaintiffs claim dispossession; defendants claim voluntary vacation. (Para 4 , 5) |
| 3. restrictions on late amendments during trial. (Para 6 , 10 , 11) |
| 4. due diligence necessary for amendments. (Para 8 , 9 , 12) |
| 5. court affirms lower court's decision; petition dismissed. (Para 13 , 14) |
JUDGMENT :
JUDGMENT :
DEEPAK GUPTA, J.
Petitioners herein are the plaintiffs in Civil Suit No.3152 of 2018 titled “Sanjeev Kumar and another v. Sunil Kumar and another”, pending before the learned Civil Judge (Junior Division), Chandigarh. They have approached this Court assailing the order dated 20.11.2025, whereby their application under Order VI Rule 17 CPC read with Section 151 CPC seeking amendment of the plaint has been dismissed.
2. A perusal of the record reveals that plaintiff No.1–Sanjeev Kumar and defendant No.1–Sunil Kumar are real brothers. Plaintiff No.2 is the wife of plaintiff No.1, whereas defendant No.2 is the wife of defendant No.1. Defendant No.3 is the brother-in-law of defendant No.1. The dispute pertains to House No.1629, Sector 52, Chandigarh, which was allotted to Jaswant Singh i.e., the father of plai
Amendments to pleadings after the commencement of trial require showing due diligence; failure to do so warrants dismissal, especially if the amendment fundamentally alters the nature of the proceedi....
Amendment to add possession relief in declaration suit permissible pre-trial despite delay and framed issues if cause arose post-institution within limitation, avoiding multiplicity where separate su....
The correctness of the pleadings should be adjudicated after considering the evidence in the trial, and the trial court must consider the aspect of subsequent events when dealing with applications fo....
The Court may allow amendment of pleadings at any stage of the proceedings for just decision of the case and to determine the real questions in controversy between the parties.
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