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IN THE HIGH COURT OF UTTARAKHAND AT NAINITAL
ASHISH NAITHANI
Vishal Agarwal – Appellant
Versus
Rakesh Kumar Varshney – Respondent
| Table of Content |
|---|
| 1. property title dispute through will and security sale; amendment rejected. (Para 1 , 2 , 3 , 4 , 5 , 6 , 7 , 8 , 9 , 10 , 11) |
| 2. parties argue amendment permissibility under order 6 rule 17 proviso. (Para 12 , 13 , 14 , 15 , 16 , 17 , 18) |
| 3. article 227 supervisory jurisdiction for jurisdictional errors. (Para 19 , 20 , 21) |
| 4. trial commences at evidence recording, not issue framing. (Para 22 , 23) |
| 5. explanatory amendments permitted to clarify controversy without prejudice. (Para 24 , 25) |
| 6. section 10 cpc bar inapplicable to distinct causes. (Para 26) |
| 7. no mala fides in responding to defence claims. (Para 27) |
| 8. procedure advances justice; mechanical revisional affirmation erroneous. (Para 28 , 29) |
| 9. writ allowed; impugned orders set aside. (Para 30) |
JUDGMENT :
Ashish Naithani, J.
The present writ petition under Articles 226 and 227 of the Constitution of India has been instituted by the Petitioner assailing the order dated 13.02.2024 passed by the learned Additional District Judge, Rishikesh in Civil Revision No. 128 of 2022, whereby the revisional court affirmed the order dated 22.09.2022 passed by the learned Civil Judge (Junior Division), Rishikesh in Original Suit
Proviso to Order 6 Rule 17 CPC not applicable to amendments filed post-issues but pre-evidence, as trial commences with evidence; explanatory amendments clarifying rival title chains in response to d....
Amendments to pleadings in civil suits must be granted if necessary for effective adjudication, provided they do not cause harm to the opposing party, affirming a liberal approach in such matters.
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 ....
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.
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....
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....
Revision under Art.227 allows interference only in cases of jurisdictional errors or patent perversities, which were not found here.
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