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IN THE HIGH COURT OF MADHYA PRADESH AT GWALIOR
HIRDESH
Narayan Singh Died through Legal Heirs Smt. Ramvati – Appellant
Versus
Aatam Singh – Respondent
ORDER :
1. This miscellaneous appeal under Order 43 Rule 1(u) of the Code of Civil Procedure has been filed by the appellants–defendants against the judgment and decree dated 15.10.2024 passed by the First District Judge, Karera, District Shivpuri (hereinafter referred to as the first appellate Court) in Regular Civil Appeal No. 46/2022, whereby the appeal preferred by respondent No.1–plaintiff was allowed, the judgment and decree dated 31.10.2022 passed by the Second Civil Judge, Senior Division, Karera, District Shivpuri (hereinafter referred to as the trial Court) in Regular Civil Suit No. 63-A of 2019 was set aside, and the matter was remanded to the trial Court with a direction to decide the suit afresh after recording evidence of both parties on amended pleadings.
2. Brief facts necessary for adjudication of the present appeal are that respondent No.1–plaintiff filed a suit for declaration and injunction against Narayan Singh and others before the trial Court on the ground that the disputed land comprises half share of land bearing Survey No.538 admeasuring 2.15 hectare, which was purchased vide registered sale deed dated 24.06.1998 jointly by the plaintiff and defendant No.1.
Amendments to pleadings under Order VI Rule 17 of CPC can be permitted even post-delay if they facilitate effective adjudication and do not cause injustice to the opposing party.
The appellate court upheld that plaintiffs' title validly established, and amendments to pleadings for possession did not change the suit's nature, ensuring compliance with statutory limitation.
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.
Amendment of plaint – If amendment is necessary for deciding real controversy between parties and for arriving at a just conclusion, such amendment could be allowed even at a late stage.
An amendment to pleadings should be allowed if it is necessary for proper adjudication, bona fide, does not cause irreparable prejudice, avoids injustice or multiple litigation, does not change the n....
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