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IN THE HIGH COURT OF PUNJAB AND HARYANA AT CHANDIGARH
VIKAS BAHL
Poonam Jain (now deceased), through her LR Ruchika Jain – Appellant
Versus
Mukta Jain – Respondent
JUDGMENT :
VIKAS BAHL, J.
1. This is a civil revision petition under Article 227 of the Constitution of India for setting aside the order dated 11.08.2023 vide which the application filed by the respondent-plaintiff for amendment of the plaint under Order VI Rule 17 read with Section 151 CPC has been allowed.
ARGUMENTS ON BEHALF OF THE PETITIONERS/DEFENDANTS
2. Learned counsel for the petitioners has submitted that in the present case, the application filed by respondent-plaintiff for amendment of the plaint has been allowed and by virtue of the same, the respondent has been permitted to raise the plea with respect to the alleged unregistered Will dated 16.03.1994. It is submitted that the said unregistered Will has not seen the light of the day for the past 30 years and apparently a plea on the basis of a false document is now sought to be raised. It is further submitted that in case the said amendment is allowed, the nature of the suit would change and thus, the impugned order vide which the application under Order VI Rule 17 CPC has been allowed deserves to be set aside and the application for amendment of the plaint deserves to be dismissed.
ARGUMENTS ON BEHALF OF THE RESPONDENT/PL
A court can deny amendment requests under Order 6 Rule 17 CPC if due diligence is lacking after trial commencement.
The trial court possesses the authority under the procedural code to frame or amend issues at any stage before the final decree to ensure all matters in controversy are adjudicated. The supervisory j....
Amendments to pleadings in civil suits must be granted if necessary for effective adjudication, provided they do not cause harm to the opposing party, affirming a liberal approach in such matters.
The main legal point established in the judgment is that the court may allow an amendment if it is imperative for proper adjudication of the case, and to avoid injustice and multiplicity of litigatio....
Amendments to pleadings under Order VI Rule 17 of the CPC should not change the nature of the suit or introduce new causes of action, and must be necessary for the proper adjudication of the case wit....
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