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ANIL VERMA
Leela Krishna Mishr – Appellant
Versus
Banke Bihari – Respondent
ORDER
1. Both the parties are heard.
2. Petitioner has preferred this miscellaneous petition under Article 227 of the Constitution of India being aggrieved by impugned order dated 1.3.2024 passed by First Civil Judge, Junior Division, Sabalgarh, District Morena in Civil Suit No.27/2023, by which an application under Order 6 rule 17 of CPC filed by the petitioner has been rejected.
3. Brief facts of the case are that the petitioner/plaintiff has filed a civil suit for declaration in regard to 1/5th share in the suit property. The defendant came with a plea by filing written statement that the partition has already been effected between the parties. Respondents filed an application under Order 6 rule 17 of CPC by stating that plaintiff has not stated in the plaint specifying the part of the property which were possessed by them and the said I.A. was allowed and subsequently, petitioner/plaintiff filed another I.A. under Order 6 rule 17 of CPC and after hearing both the parties, same has been dismissed by the trial Court. Being aggrieved by the aforesaid, petitioner has preferred this miscellaneous petition.
4. Learned counsel for the petitioner contended that the trial Court has committe
Amendments in civil suits for partition are to be allowed to ensure all issues are resolved, minimizing litigation unless they cause injustice or prejudice to the other party.
In partition suits, amendments to the plaint should be allowed unless they cause injustice or prejudice to other parties, promoting efficiency in resolving disputes.
Amendments to pleadings may be allowed post-trial if due diligence is demonstrated, and if they do not change the cause of action or result in injustice.
The main legal point established in the judgment is that the amendment under Order VI Rule 17 of the CPC should be allowed if substantially required for the ends of justice, and the limited scope of ....
Court ruled that procedural amendment requests should be allowed even after the trial begins, provided they clarify existing claims and do not introduce new issues.
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