Back
IN THE HIGH COURT OF UTTARAKHAND AT NAINITAL
ASHISH NAITHANI
Sanjay Badoni – Appellant
Versus
Pradeep Chopra – Respondent
JUDGMENT :
Ashish Naithani, J.
1. The present writ petition under Article 227 of the Constitution of India has been preferred by the petitioner assailing the order dated 27.03.2024 passed by the learned Vth Additional District Judge, Haridwar in SCC Revision No. 9 of 2023 (Sanjay Badoni vs. Pradeep Chopra and another), whereby the amendment application filed by the petitioner under Order VI Rule 17 of the Code of Civil Procedure seeking incorporation of a clarificatory and alternative plea in the written statement came to be rejected.
2. The controversy, in brief, arises out of SCC Case No. 1 of 2021 instituted by the respondents herein as plaintiffs for recovery of arrears of rent and eviction of the petitioner from the shop in question on the ground of default in payment of rent and termination of tenancy. The learned Trial Court, upon appreciation of the evidence on record, decreed the suit in favour of the plaintiffs vide judgment and decree dated 10.05.2023 holding, inter alia, that the provisions of U.P. Act No. 13 of 1972 were not applicable to the property in dispute and further directed the defendant to pay mesne profits.
3. Aggrieved thereby, the petitioner preferred SCC Revi
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.
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....
Amendment in plaint can be allowed at any stage of suit even before pronouncement of Judgment – Question of requirement of filing written statement cannot be assessed by court at this 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....
Established limits for amending pleadings after trial onset under CPC provisions.
Amendments to pleadings must be necessary to resolve substantive disputes rather than mere denials of the defendants' claims, as per the procedural rules governing civil litigation.
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
