AHANTHEM BIMOL SINGH
Athokpam Mangi Singh – Appellant
Versus
Athokpam Ningol – Respondent
JUDGMENT
Ahanthem Bimol Singh, J. - The present revision petition has been filed with the prayer for quashing and setting aside the order dated 12-04-2023 passed by the Civil Judge, Junior Division, Imphal West - II in Judl. Misc. Case No. 59 of 2023 (Ref:- O.S. No. 19 of 2012) coupled with the prayer for directing the Civil Judge, Junior Division, Imphal West - II to proceed with the trial of the suit after allowing the amendment of the written statement filed by the petitioner in connection with the said original suit.
2. The respondents No. 1 and 2, during their lifetime, filed the aforesaid O.S. No. 19 of 2012 in the Court of Civil Judge, Junior Division, Imphal West against the present petitioner claiming the following reliefs:-
(i) A decree declaring that the plaintiffs are the absolute owners of the suit land;
(ii) A decree declaring that the defendant acquires no right, title and interest over the suit land;
(iii) A decree declaring the order dated 13-02-1980 passed by the SDC/ Hiyangthang in Mutation Case No. 18/SDC/IW(S)/1980 and order dated 15-09-1980 passed by the SDC/ Hiyangthang in Mutation Case No. 294/SDC/IW(S)/1980 are illegal, void and non-est and that has no binding e
Amendments to pleadings after the commencement of trial are restricted and require demonstration of due diligence to be permitted.
Point of Law : plea regarding exercise of due diligence and necessity of seeking amendment of written statement are conspicuously absent. Under such circumstances, the question of exercising due dili....
Amendments to written statements after commencement of trial require stringent adherence to procedural rules, especially regarding justification for delay and ensuring no change in the nature of the ....
The main legal point established in the judgment is the requirement of due diligence, as contained in the proviso to Order VI, Rule 17 of CPC, and the factors necessary to be considered while decidin....
The Court emphasized the necessity of proposed amendments for determining the real controversy between the parties and considered the due diligence requirement for allowing amendments after the comme....
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