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BHASKAR RAJ PRADHAN
Binita Rai – Appellant
Versus
Sheela Rai – Respondent
JUDGMENT
BHASKAR RAJ PRADHAN,J. - This is an application under Article 227 of the Constitution of India preferred by the petitioners who were defendant nos. 1 and 2 in a suit filed by the respondent nos. 1 to 4 as plaintiffs seeking to challenge an Order dtd. 18/12/2021 passed by the learned Civil Judge, Namchi, South Sikkim (the learned Trial Court) on an application under Order VI Rule 17 read with sec. 151 of the Code of Civil Procedure, 1908 filed by the respondent nos. 1 to 4 i.e. the plaintiffs seeking to amend the plaint. The learned counsel for the parties have taken this Court through the application for amendment as well as the impugned Order dtd. 18/12/2021.
2. Order VI Rule 17 provides that:
"17. Amendment of pleadings.-The 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 shall be made as may be necessary for the purpose of determining the real questions in controversy between the parties:
Provided that no application for amendment shall be allowed after the trial has commenced, unless the Court comes to the conclusion that in spite of due diligence, the p
The court may permit amendments to pleadings during proceedings if necessary for justice and the determination of real issues, provided due diligence to raise them before trial can be established.
The court upheld that amendments to a plaint after trial commencement require sufficient justification and diligence, which the plaintiff failed to provide.
The court ruled that a liberal approach should be taken towards permitting amendments in pleadings, especially when crucial facts are omitted, and delay alone does not justify rejection if trial has ....
The main legal point established is that applications for amendment of the plaint under Order 6, Rule 17 of the Code of Civil Procedure must contain specific averments and necessary ingredients, and ....
Amendments to pleadings under CPC require showing due diligence and must be justified; failure to do so results in dismissal of such applications.
Order 6 Rule 17 CPC, which reads as amendment of pleadings.
Amendments to pleadings under Order 6, Rule 17 CPC should be liberally allowed unless they cause serious injustice or change the nature of the suit.
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