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RAJEEV KUMAR SHRIVASTAVA
Prahladdas Goyal – Appellant
Versus
Sitaram Agrawal – Respondent
ORDER
1. Petitioner defendant has filed this miscellaneous petition under Article 227 of the Constitution of India, against the order dated 18-03-2021 passed by Sixth Civil Judge Class-II, Gwalior in Civil Suit No.41-A of 2017 whereby the application filed by respondent- plaintiff under Order 6 Rule 17 of CPC has been allowed.
2. In brief, the facts of the case are that respondent- plaintiff filed a suit against the petitioner- defendant pleading that a four-strayed building was in his ownership and possession situated at Khasgi Bazar Chaurah, Lashkar and he had purchased the said property from Rambabu Khendelwal and others vide sale deed dated 01-09-1991. During pendency of the suit, he also filed an application under Order 6 Rule 17 of CPC for proposed amendment in the pleadings and the same has been allowed by the trial Court. Hence, this petition.
3. It is submitted by the counsel for the petitioner- defendant that the trial Court has erred in passing the impugned order dated 18-03-2021 whereby the application filed by plaintiff- respondent under Order 6 Rule 17 of CPC has been wrongly allowed. The aforesaid application was filed by the plaintiff at belated stage and proposed amen
The main legal point established is the need for a liberal approach in allowing amendments to pleadings for just and effective adjudication, and the emphasis that a hyper technical approach should no....
Amendments to pleadings under Order 6 Rule 17 of CPC must be allowed if necessary for justice without causing injustice to other parties; delays should be properly compensated.
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.
The correctness of the pleadings should be adjudicated after considering the evidence in the trial, and the trial court must consider the aspect of subsequent events when dealing with applications fo....
The court emphasized the importance of bona fide amendments and a liberal approach to avoid multiplicity of litigations while considering applications for amendment under Order 6 Rule 17 of the CPC.
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