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S. M. MODAK
Ganpat Bhagoji Kshirsagar – Appellant
Versus
Anjana Krushna Jamdade – Respondent
JUDGMENT
S.M. Modak, J.—The only issue arisen in this Writ Petition is, whether the trial Court was justified in allowing the Application filed by the Plaintiff for amendment of the Plaint particularly when the trial has commenced.
2. By consent, the Writ Petition is taken for final hearing at an admission stage.
3. I have heard learned Advocate Shri. Bodake for the Petitioners / Defendant Nos.1 to 3 and 5 to 8 and also heard learned Advocate Shri. Kenjale for the Respondent No.1 / Plaintiff.
4. It is an undisputed fact that the trial has commenced. The issues are also framed on 15th February 2019. It is on Page No.139. It is also undisputed fact that the Plaintiff has entered into the witness-box and she has been cross-examined. The only reason for allowing the Application for amendment is the Plaintiff is aged lady and she is illiterate and she got the certified copies of the sale-deed recently.
5. The amendment Application is on Page No.156. By way of amendment, the Plaintiff wants to bring on record, how the sale-deeds executed by Defendant No.1 in favour of various persons are not binding on her. The present Petitioners have opposed that prayer on the ground of limitation, so
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.
The amendment of pleadings after trial commencement requires proven due diligence, which was not established in the case, leading to dismissal of the request.
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 a liberal approach to granting amendments, particularly considering the petitioner's advanced age, allowing justice to prevail despite procedural delays.
Amendments post-trial commence require due diligence; failure to demonstrate this results in denial.
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