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IN THE HIGH COURT OF PUNJAB AND HARYANA AT CHANDIGARH
VIKAS BAHL
Hardev Singh – Appellant
Versus
Balwinder Singh – Respondent
| Table of Content |
|---|
| 1. petition filed under article 227 to set aside trial court's order. (Para 1) |
| 2. petitioner contends the amendment was unlawfully allowed. (Para 2) |
| 3. impugned order deemed appropriate; petition dismissed. (Para 3 , 4) |
| 4. cardinal principle for amendment: necessity to resolve real dispute. (Para 5) |
| 5. trial court's order upheld; petition dismissed. (Para 6 , 7) |
JUDGMENT :
VIKAS BAHL, J.
1. This is a Civil Revision Petition filed under Article 227 of the Constitution of India for setting aside the impugned order dated 28.01.2025 (Annexure P-8) passed by the trial Court vide which the application under Order 6 Rule 17 CPC filed by the respondent-plaintiff for amendment of plaint has been allowed.
2. Learned counsel for the petitioner has submitted that in the present case, the respondent had filed a suit for permanent injunction with respect to khasra no.45//6 and the same was filed after preparing the site plan dated 22.06.2023 and in the said site plan also, the rasta has been shown in khasra no.45//6. It is submitted that only when in the written statement it was pointed out by the petitioner that the said rasta is not in khasra no.45//6, then the application for amendmen
Amendments to pleadings are permissible when necessary to resolve the real dispute between parties, particularly when issues have not been framed, to avoid multiplicity of litigation.
Amendment to correct typographical error in plaint's property khasra number and area allowed at early stage before written statement, as it does not alter suit nature or cause action, with no due dil....
Courts should be extremely liberal in granting the prayer for amendment of pleadings unless serious injustice or irreparable loss is caused to the other side. The amendment to pleading should be libe....
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.
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