Back
IN THE HIGH COURT OF ALLAHABAD
Hon'ble Neeraj Tiwari,J.
Raj Kumar Chauturvedi – Appellant
Versus
U.P. Awas Evam Vikas Parishad – Respondent
JUDGMENT :
Neeraj Tiwari, J.
1. Heard Sri Rahul Sahai, learned counsel for the petitioner, Sri K. M. Garg, learned counsel for the respondent nos. 3/1, 3/3 & 3/5, Sri S. C. Pandey, learned counsel for the respondent no. 3/2 and Sri Saurabh Pandey, leanred counsel for the respondent nos. 3/4/1 to 3/4/7.
2. Present petition has been filed seeking for the following reliefs:-
“I. Issue a suitable order or direction for setting aside the impugned judgment/order dated 17.05.2024 passed by Additional District Judge Court No. 10, Mathura in Civil Appeal No. 40 of 2010 ( Raj Kumar Chaturvedi and others Vs. U.P. Awas Evam Vikas Parishad and others ).
II. Issue a suitable order or direction to allow the amendment application 114 ka or in the alternative to set-aside the judgment/order dated 20.07.2018, 02.02.2019 and 27.01.2019 passed by the Additional District Judge, Court No. 8, Mathura & Additional District Judge/Special Judge, Court No. 4, Mathura respectively.”
3. Learned counsel for the petitioner submitted that earlier land was acquired by respondent No. 1 and suit no. 16 of 1988 for declaration and permanent injunction has been filed. Brief facts of the case are that land was acquired by re
The principle of res judicata prevents re-litigation of issues already decided, and the appellate court retains the power to consider new evidence, but no new facts justified the amendments sought.
The principle of res judicata prevents re-agitation of previously decided issues in subsequent applications, thus maintaining procedural integrity in litigation.
The Appellate Court may keep an amendment application in abeyance pending appeal to ensure substantive rights are not jeopardized, allowing for a comprehensive decision post-hearing.
The necessity of amendments in pleadings is paramount for determining the real issues, and courts should not evaluate their merits at the amendment stage.
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....
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 6 Rule 17 CPC are not permitted after trial commencement unless due diligence is demonstrated, which was not shown in this case.
An indispensable Tool for Legal Professionals, Endorsed by Various High Court and Judicial Officers
Please visit our Training & Support
Center or Contact Us for assistance
Scan Me!
India’s Legal research and Law Firm App, Download now!
For Daily Legal Updates, Join us on :
Back to top
