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T. AMARNATH GOUD
Subash Debnath – Appellant
Versus
Shyamal Sarkar – Respondent
JUDGMENT
1. This instant revision petition has been filed under Article 227 of the Constitution of India, for quashing/canceling/setting aside the order dated 06.04.2022 in Civil Misc, Case No.09 of 2021 in T.S.157 of 2016 passed by learned Civil Judge, Senior Division, Khowai, Tripura.
2. The fact of the case in brief is that, the petitioner being the plaintiff filed the T.S. Suit No.157 of 2016 against the respondents for confirmation of title over the suit land, described in the plaint and inter alia for recovery of the khash possession of the suit land by evicting the defendants and his agents. The respondents herein being the defendants in the suit had appeared and joined the trial of the case and filed their written statement.
3. At that stage, it was noticed by the plaintiff-petitioner that the plaint contains certain typographical mistakes in terms of numerical figures i.e., in Para-9, 11 & 12 of the plaint a date (all are of same) has been printed out wrongly. It has been typed as 30.09.2014' though it would be 30.12.2015'. Similarly in the same way, due to typographical mistake/error and/or oversight in the schedule of the suit land, in page-7 of the plaint, in 1st line, 10'
Amendments of pleadings are allowed only if they clarify existing issues without altering the suit's nature, and must be pursued with diligence to avoid disadvantaging the opposing party.
Point of law: Order VI Rule 17 Court may at any stage of the proceedings allow either party to alter or amend his pleadings in such manner and on such terms as may be just, and all such amendments sh....
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....
The Court may allow amendment of pleadings at any stage of the proceedings for just decision of the case and to determine the real questions in controversy between the parties.
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.
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