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IN THE HIGH COURT OF MADHYA PRADESH AT INDORE
Pranay Verma
Ashok Rathi – Appellant
Versus
Kartar Chand – Respondent
| Table of Content |
|---|
| 1. understanding the context and necessity of the amendments sought. (Para 1) |
| 2. plaintiffs claim property ownership and seek declarations. (Para 2) |
| 3. defendants challenge amendment of plaint for refund claim. (Para 3 , 4 , 5) |
| 4. trial status allows for amendments to the plaint. (Para 6 , 7) |
| 5. legal principles for amendments as established by apex court. (Para 8 , 9) |
| 6. interest of justice requires allowing amendment. (Para 10 , 11 , 13) |
| 7. court's reasoning on the permissibility of amendments. (Para 12) |
| 8. court affirms the amendment order subject to conditions. (Para 14) |
ORDER :
Pranay Verma, J.
This petition under Article 227 of the Constitution of India has been preferred by defendants No.4 to 7 / petitioners, being aggrieved by the order dated 12.09.2023 passed by the trial Court, whereby application under Order 6 Rule 17 of the CPC preferred by the plaintiffs has been allowed.
2. For the purpose of decision of this petition, the facts need not be narrated in detail. Suffice is to say that plaintiffs have instituted an action on 20.07.2020 against the defendants for declaration of their title to the suit property, declaration that defendants No.2 and 3 are not the owner
Amendments to pleadings are generally allowable when they do not introduce new facts, do not cause injustice, and are based on existing claims, even if the trial has commenced.
Amendments to pleadings under Order VI Rule 17 of CPC should be allowed if necessary for determining real issues, provided they do not cause injustice to the other party.
Amendments to pleadings under Order VI Rule 17 of CPC should be allowed if necessary for justice and do not change the nature of the suit.
Point of law: High Court can interfere in exercise of its power of superintendence, when there has been a patent perversity in the orders of the Tribunals and Courts subordinate to it or where there ....
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....
Amendments to pleadings are permissible under Article 227 if they are necessary to resolve the real controversy, provided they do not cause undue prejudice to the opposing party.
The court ruled that a liberal approach should be taken towards permitting amendments in pleadings, especially when crucial facts are omitted, and delay alone does not justify rejection if trial has ....
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.
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