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IN THE HIGH COURT OF JUDICATURE AT ALLAHABAD
YOGENDRA KUMAR SRIVASTAVA
Munni Devi – Appellant
Versus
Shashikala Pandey – Respondent
| Table of Content |
|---|
| 1. facts of the case and background (Para 2 , 3 , 4) |
| 2. arguments regarding amendment application (Para 5 , 6) |
| 3. court's observations on procedural issues (Para 7 , 9 , 22) |
| 4. ratio on amendment restrictions in revisional proceedings (Para 13 , 18) |
| 5. final conclusion of the judgment (Para 29 , 30) |
JUDGMENT :
YOGENDRA KUMAR SRIVASTAVA, J.
1. Heard Sri Prakhar Tandon, learned counsel for the petitioner and Sri Utpal Chatterji, learned counsel for the respondent.
2. This petition under Article 227 of the Constitution of India has been instituted to assail the order dated 16.07.2025 passed by the Additional District Judge, Court No.8, Kanpur Nagar in Civil Revision No. 130 of 2024 ( Munni Devi vs. Shashikala ), whereby the application (Paper No. 29-G) moved by the petitioner-revisionist under Order VI Rule 17 of the Code of Civil Procedure, 1908 read with Section 151 CPC seeking amendment in the grounds of revision has been rejected.
3. The factual matrix giving rise to the present proceedings is required to be noticed in some detail. SCC Suit No. 190 of 2013 was instituted by the respondent-landlord seeking eviction of the petitioner-defendant, along with recovery of arrears
The court clarified that the proviso to Order VI Rule 17 CPC does not apply strictly in revisional proceedings, emphasizing that amendments introducing new factual assertions and withdrawing admissio....
The court emphasized a liberal approach to amendments in written statements, allowing alternative defenses to ensure a complete adjudication and prevent the miscarriage of justice.
Point of Law : Post amendment in Order VI, Rule 17 CPC, which was brought in the year 2002, the party seeking amendment has to adhere to the proviso while making an application in case of commencemen....
Amendments to pleadings post-trial require showing of due diligence, and must not alter the fundamental nature of the case, or cause undue prejudice to the opposing party.
Point of Law : Order 6 Rule 17 of the Code of Civil Procedure deals with amendment of pleadings which provides that the court may at any stage of the proceedings allow either party to alter or amend ....
Courts should be extremely liberal in granting the prayer for amendment of pleadings unless serious injustice or irreparable loss is caused to the other side. The amendment to pleading should be libe....
Categorical admission made in the pleadings cannot be permitted to be withdrawn by way of an amendment.
Point of law: High Court can interfere in exercise of its power of superintendence, when there has been a patent perversity in the orders of the Tribunals and Courts subordinate to it or where there ....
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