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IN THE HIGH COURT OF UTTARAKHAND AT NAINITAL
ASHISH NAITHANI
Sanjay Badoni – Appellant
Versus
Pradeep Chopra – Respondent
| Table of Content |
|---|
| 1. petitioner's challenge to amendment rejection (Para 1 , 2 , 3 , 4) |
| 2. background of the tenant's claim (Para 5 , 6) |
| 3. arguments regarding the necessity of amendments (Para 9 , 10 , 11 , 12 , 13 , 14) |
| 4. court's examination of amendment principles (Para 15 , 16 , 17 , 18 , 19) |
| 5. court's critical observations on amendment rejection (Para 20 , 21 , 22 , 23) |
| 6. court's final order on the amendment application (Para 24) |
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 defa
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.
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 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.
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