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HIGH COURT OF TRIPURA
APARESH KUMAR SINGH, CJ
Biswajit Banik, son of Sri Arun Banik – Appellant
Versus
Sankar Prasad Roy, son of late Krishna Mohan Roy – Respondent
JUDGMENT :
APARESH KUMAR SINGH, C.J.
Heard Mr. A. Sengupta, learned counsel appearing for the petitioner and also heard Mr. Arijit Bhowmik, learned counsel appearing for the respondent No.2-AMC and Mr. Dipak Deb, learned counsel appearing for the plaintiff-respondent.
[2] Application under Order VI Rule 17 by the plaintiff has been allowed by the impugned order dated 02.07.2024 in Civil Misc 25 of 2023 arising out of T.S. No.08 of 2021 which has aggrieved the defendants to approach this Court under Article 227 of the Constitution of India . The suit was instituted for a decree of declaration that the construction of the building made by the defendants on Schedule-B of the suit land without keeping required space from the eastern boundary line of the Schedule A of the suit land i.e. from the western boundary line of Schedule-B of the suit land of defendants and also without any approval and permission from the Agartala Municipal Corporation is illegal, unauthorized and liable to be demolished. The plaintiff also sought a declaration that demolition of the existing boundary wall in between eastern boundary line of schedule-A land and western boundary line of schedule-B land by the defen
Amendments to pleadings should be allowed to determine the real controversy between parties, emphasizing a liberal approach to avoid multiplicity of litigation.
The limitation for seeking a mandatory injunction begins from the date of actual encroachment, not from the completion of construction.
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.
Courts should be extremely liberal in granting the prayer for amendment of pleadings unless serious injustice or irreparable loss is caused to the other side. The amendment to pleading should be libe....
Amendments to pleadings post-trial commencement are not permissible unless due diligence is shown, ensuring they do not alter the fundamental character of the case.
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 should be liberally allowed to ensure justice, especially for litigants relying on their advocates, unless they cause serious prejudice.
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