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BHASKAR RAJ PRADHAN
Jigmi Phunchok Bhutia – Appellant
Versus
Aishwarya Rai – Respondent
JUDGMENT
Bhaskar Raj Pradhan, J. - This judgment shall dispose of two petitions filed under Article 227 of the Constitution of India. W.P. (C) No.38 of 2021 seeks to assails the order dated 25.09.2021 passed by the learned Civil Judge, East Sikkim at Gangtok in Title Suit No.39 of 2014. By the Order dated 25.09.2021 the learned Civil Judge disallowed the application filed by the petitioner to exempt him from paying the cost imposed for the failure to file written statement to the amended plaint filed by the respondent no.1. W.P. (C) No. 19 of 2022 assails the order dated 21.03.2022 passed by the learned Civil Judge, East Sikkim at Gangtok in the same suit by which an application under Order 1 Rule 10 (4) CPC filed by the respondent no.1 was allowed in toto.
2. At this juncture it would be relevant to note certain facts crucial for deciding these petitions. In the year 2014 the respondent no.1 filed a suit for declaration of title. It was the respondent No.1's claim that she is the daughter of late Sonam Topden Bhutia and accordingly a declaration was sought to the effect. A further declaration was also prayed that she should be called Aishwarya Bhutia daughter of late Sonam Topden Bh
Amendments to pleadings that change the nature of a suit are impermissible, and courts must adhere to previous orders regarding necessary party impleadment.
Amendment in plaint can be allowed at any stage of suit even before pronouncement of Judgment – Question of requirement of filing written statement cannot be assessed by court at this stage.
Amendments under Civil Procedure Code should be allowed to resolve real questions in controversy, provided they do not change the nature of the suit or cause undue hardship to the other party.
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....
Amendments to pleadings under Order VI Rule 17 CPC can be allowed at any stage of the proceedings, provided they do not change the nature of the suit or introduce new causes of action that would prej....
Procedural rules should facilitate justice, allowing for the admission of necessary documents and clarifying criteria for adding parties.
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.
Amendments to pleadings under CPC are permissible to ensure justice and proper adjudication, balancing the need for diligence with avoidance of multiplicity of litigation.
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