Back
SUBODH ABHYANKAR
Riyazuddin – Appellant
Versus
Nisaruddin @ Antim Lala – Respondent
ORDER
1. This petition has been filed by the petitioner/plaintiff under Article 227 of the Constitution of India, against the order dated 17.1.2023, passed by the Civil Judge, Senior Division, Ujjain in RCSA No.28-A/2017 whereby, the application filed by the petitioner under Order 6 rule 17 of the C.P.C., 1908 for amendment in the plaint, has been rejected.
2. In brief, the facts of the case are that the aforesaid suit was filed on 15.7.2017, by the plaintiff for injunction only. The suit was contested by the respondents/defendants, and after the evidence was recorded, the learned Judge of the trial Court has passed the judgment dated 18.7.2019, and dismissed the suit. Against the aforesaid dismissal, the plaintiff preferred an appeal before the District Appellate Court along with an application under Order 41 rule 27 of the C.P.C. for placing on record the additional documents. The aforesaid application was allowed by the District Appellate Court vide its order dated 23.3.2021, and remanded the matter back to the trial Court holding that certain issues have not been framed by the trial Court which ought to have been framed, and thus, directing the trial Court to decide the matter
The principle of res judicata prevents re-agitation of previously decided issues in subsequent applications, thus maintaining procedural integrity in litigation.
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....
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.
The main legal point established in the judgment is that all necessary amendments for determining the real question in controversy should be allowed, provided it does not cause injustice or prejudice....
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....
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
