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NEERAJ TIWARI
Amitabh Kumar Gupta – Appellant
Versus
Awadh Bihari Nigam – Respondent
JUDGMENT
Neeraj Tiwari, J.—Mr. Narendra Mohan, Advocate has filed Vakalatnama on behalf of opposite party, which is taken on record.
2. Heard Sri Manish Tandon, leaned counsel for the revisionist and Sri Narendra Mohan, learned counsel for the opposite party.
3. Present revision has been filed for challenging the order dated 27.3.2023 passed by the Additional District Judge, Court No.13, Kanpur Nagar in S.C.C. Suit No. 44 of 2017.
4. Since only legal question is involved, therefore, with the consent of the parties, without inviting for affidavits, the matter is being decided at the admission stage itself.
5. Learned counsel for the revisionist submitted that earlier plaintiff-opposite party has instituted the SCC Suit No. 44 of 2017 upon which written submission has been filed. Thereafter, point of determination has also been framed. He next submitted that both the parties i.e. plaintiff and defendant have filed their witnesses through affidavit and case is fixed for final hearing. At the time of final argument, amendment application was filed under Order VI Rule 17 of CPC read with 151 IPC only on the ground of change of new counsel and after engagement of new counsel, it was foun
Amendment of plaint – Putting new facts on record due to engagement/change of new Counsel, fault on part of Counsel or any other reason attributed to Counsel cannot be ground for filing of amendment ....
Point of Law : Post amendment in Order VI, Rule 17 CPC, which was brought in the year 2002, the party seeking amendment has to adhere to the proviso while making an application in case of commencemen....
The court clarified that the proviso to Order VI Rule 17 CPC does not apply strictly in revisional proceedings, emphasizing that amendments introducing new factual assertions and withdrawing admissio....
Amendments to pleadings post-trial require showing of due diligence, and must not alter the fundamental nature of the case, or cause undue prejudice to the opposing party.
The main legal point established in the judgment is the significance of due diligence in seeking amendments to pleadings, especially after the trial has commenced, to prevent delays in adjudication.
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....
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