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IN THE HIGH COURT OF PUNJAB AND HARYANA AT CHANDIGARH
VIKAS BAHL
Mohinder Singh – Appellant
Versus
Manjit Singh – Respondent
| Table of Content |
|---|
| 1. initiation of civil revision against improper order. (Para 1) |
| 2. parties argument concerning typographical error amendment request. (Para 2 , 3 , 4) |
| 3. typographical errors warranting necessary plaint amendments. (Para 5 , 6) |
| 4. real controversy test guides amendment necessity. (Para 7) |
| 5. amendment allowed subject to specified legal costs. (Para 8 , 9) |
JUDGMENT :
VIKAS BAHL, J.
1. Present civil revision petition has been filed under Article 227 of the Constitution of India for setting aside the order dated 21.08.2023 (Annexure P-7) passed by the Civil Judge (Junior Division), Amloh, vide which the application filed by the petitioner/plaintiff under Order 6 Rule 17 read with Section 151 CPC for amendment of the plaint has been dismissed.
2. Learned counsel for the petitioner has submitted that the petitioner had filed a suit for possession by way of specific performance. It is further submitted that an agreement to sell, which was entered into, was dated 04.11.2014 and the last date for execution of the same was 05.11.2015, but inadvertently, due to a typographical mistake, the said date was mentioned as 15.11.2015 in paragraphs No.3, 5 and 6 and 13 of the plaint. It is
Rules of procedure should not defeat the substantive rights of the parties.
The court established that amendments to pleadings should be allowed liberally to correct errors and ensure proper adjudication, provided they do not prejudice the other party.
Amendments of pleadings are allowed only if they clarify existing issues without altering the suit's nature, and must be pursued with diligence to avoid disadvantaging the opposing party.
Point of law: High Court can interfere in exercise of its power of superintendence, when there has been a patent perversity in the orders of the Tribunals and Courts subordinate to it or where there ....
Point of law: Order VI Rule 17 Court may at any stage of the proceedings allow either party to alter or amend his pleadings in such manner and on such terms as may be just, and all such amendments sh....
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