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IN THE HIGH COURT OF JUDICATURE AT ALLAHABAD
MANISH KUMAR NIGAM
Anendra Singh – Appellant
Versus
Ram Kishan – Respondent
JUDGMENT :
MANISH KUMAR NIGAM, J.
1. Heard Sri Devesh Kumar Verma, learned counsel for the petitioner and Sri Ajai Singh Kushwaha, learned counsel for the respondents.
2. This petition has been filed challenging the order dated 23.02.2024 passed by the trial court i.e. Additional Civil Judge (Senior Division) Court No. 8, Farrukhabad, rejecting an application for amendment filed by the plaintiff-petitioner in the suit. Against the order dated 23.02.2024, a revision was filed by the petitioner and the same has also been dismissed.
3. Brief facts of the case are that a suit for declaration was instituted on 29.05.2015, claiming ownership of the property in dispute on the basis of Will executed by the original owner of the property in dispute in favour of the petitioner. During pendency of the suit, an amendment application was filed by the petitioner, who was the plaintiff before the court below, in May, 2022 with the allegation that during the pendency of the suit in June, 2019, the defendants have taken forcible possession of the property in dispute and therefore, the decree of possession may also be passed in favor of the plaintiff-petitioner. The said application was opposed by the d
Amendment to add possession relief in declaration suit permissible pre-trial despite delay and framed issues if cause arose post-institution within limitation, avoiding multiplicity where separate su....
The Court may allow amendment of pleadings at any stage of the proceedings for just decision of the case and to determine the real questions in controversy between the parties.
Amendments to pleadings after the commencement of trial require showing due diligence; failure to do so warrants dismissal, especially if the amendment fundamentally alters the nature of the proceedi....
Amendment in plaint – Delay in filing application for amendment by itself cannot be a ground for rejecting application.
Court ruled that procedural amendment requests should be allowed even after the trial begins, provided they clarify existing claims and do not introduce new issues.
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.
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