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S. G. CHATTOPADHYAY
Raju Das – Appellant
Versus
Legal Representatives of Haradhan Das, Smt. Chaya Das – Respondent
JUDGMENT
1. The present Civil Revision Petition is directed against the order dated 02.05.2022 passed by the learned Civil Judge (Jr. Division), Sabroom, South Tripura in case No. Civil Misc. 05 of 2022 arising out of TS 02 of 2016.
2. By the impugned order, the learned trial Court declined to allow the amendment of written statement proposed by the defendants mainly on the ground that the petition was filed at a very belated stage after the recording of the evidence of defendants' witnesses was complete and the defendants could not come out with any material to convince the Court that in spite of due diligence, they could not have raised the matter before the commencement of trial. By the proposed amendment, the defendants wanted to incorporate the particulars of some sale-deeds in their written statement. The trial Court disbelieved the statement of the defendants that they were unaware of those documents before the commencement of trial because it was clearly pleaded in the plaint that the plaintiffs jointly sold out some land to one Thakur Das Banik and Smt. Namita Saha and Dinabandhu Saha by executing those sale-deeds. The learned trial Court was viewed that since the plaint con
The amendment of pleadings after trial commencement requires proven due diligence, which was not established in the case, leading to dismissal of the request.
Amendments to pleadings must be made in good faith and should not cause prejudice to the opposing party, especially if they seek to withdraw prior admissions.
Amendments post-trial commence require due diligence; failure to demonstrate this results in denial.
The main legal point established in the judgment is that the amendment of pleadings at an advanced stage of the trial should be carefully considered, especially when it may prejudice the opposing par....
Amendment of Plaint – Test of deciding real controversy is applicable when amendment is asked for prior to commencement of trial—After commencement of trial, only test of due diligence is to be seen.
Amendments to pleadings under Order 6, Rule 17 CPC are not permitted after trial commencement unless justified by due diligence.
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