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IN THE HIGH COURT OF JUDICATURE AT ALLAHABAD
RAM MANOHAR NARAYAN MISHRA
Bhagwan Shrikrishna Virajman At Katra Keshav Dev – Appellant
Versus
U.P. Sunni Central Waqf Board – Respondent
| Table of Content |
|---|
| 1. presence of plaintiff and defendant attorneys. (Para 1 , 2) |
| 2. amendments concerning protected monument status. (Para 4 , 5 , 6) |
| 3. relief sought for encroachment and declaration. (Para 8 , 23) |
| 4. defendants' objections to amendments. (Para 10 , 12 , 18 , 19) |
| 5. legal principles concerning amendments and their implications. (Para 13 , 15) |
| 6. interconnected nature of amendment and impleadment applications. (Para 27 , 30) |
| 7. court's order to allow amendments. (Para 31 , 32) |
JUDGMENT :
RAM MANOHAR NARAYAN MISHRA, J.
1. S/Sri Hari Shankar Jain, Mahendra Pratap Singh, Saurabh Tiwari, Mrs. Reena N.Singh, Harshit Gupta (through Video Conferencing) and Sri Hare Ram Tripathi, Satyaveer Singh, Kushal Raj Chaudhary, Radhey Shyam Yadav, Prateek Kumar Srivastava, Prabhash Pandey, Mayank Singh, Arya Suman Pandey, Sandeep Kumar Agrahari, Manvendra Kumar, Ashvanee Kumar Srivastava, Bipin Kumar Jaiswal, Vinay Sharma, Siddharth Srivastava, Rana Singh, Anil Kumar Singh, Ajay Kumar Singh, Tiwari Abhishek Rajesh and Ashish Kumar Srivastava, Ashutosh Pandey, in person, (through video conferencing) for the plaintiffs, are present.
2. Mrs. Tasneem Ahmadi (through video conferencing), Sri Nasiruzz
Amendments to pleadings in civil suits should be allowed if they facilitate proper adjudication and do not introduce a new cause of action.
Amendments to include new parties in a pending suit are permissible if they clarify existing claims without introducing new causes of action, ensuring effective adjudication.
The court permits amendments to pleadings post-trial commencement if necessary for justice, without altering the suit's nature.
Amendments to pleadings should be allowed to determine the real controversy between parties, emphasizing a liberal approach to avoid multiplicity of litigation.
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....
The court ruled that the plaints disclose a valid cause of action, are not barred by limitation, and the religious character of the property requires evidence to be determined at trial.
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 6 Rule 17 CPC are permissible if they do not change the fundamental character of the suit and aim to avoid multiplicity of proceedings.
Amendments to pleadings that change the nature of a suit are impermissible, and courts must adhere to previous orders regarding necessary party impleadment.
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