Back
MANISH KUMAR NIGAM
Chitranshi – Appellant
Versus
Rajnarayan Tripathi – Respondent
JUDGMENT
Manish Kumar Nigam, J.—This petition has been filed challenging the order dated 12.12.2022 passed by Principal Judge, Family court, Hamirpur allowing an application for amendment moved by the plaintiff-respondent under Order VI Rule 17 of C.P.C. in Marriage Petition No. 291 of 2020 (Rajnarayan Tripathi Vs. Chitranshi).
2. Brief facts of the case are that plaintiff-respondent filed a petition under Section 13 of the Hindu Marriage Act, 1955 for relief of divorce on the grounds stated in the petition. The defendant-petitioner filed written statement denying the averments made by the plaintiff-respondent in the petition for divorce. On 27.07.2022, following issues were framed by the Principal Judge (Family Court), Hamirpur:-
(Matter in other Language)
3. Thereafter on 13.10.2022, the plaintiff-respondent filed an application under Order VI Rule 17 of C.P.C. seeking amendment in paragraph No. 7, 11 and 14 of the plaint, which was opposed by the defendant-petitioner. The Principal Judge (Family Court) Hamirpur by order dated 12.12.2022 allowed the amendment application on payment of cost of Rs.800/-. Hence the present petition.
4. Contention of learned counsel for the petitioner
(1) Amendment in Pleadings (Marriage Petition) – Not permitting amendment subsequent to commencement of trial is with object that when evidence is led on pleadings in a case, no new case be allowed t....
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.
Order 6 Rule 17 CPC, which reads as amendment of pleadings.
Trial commences upon filing of affidavit in lieu of evidence; consequently, amendments beyond this stage require established due diligence.
The court emphasized the importance of bona fide amendments and a liberal approach to avoid multiplicity of litigations while considering applications for amendment under Order 6 Rule 17 of the CPC.
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.
An indispensable Tool for Legal Professionals, Endorsed by Various High Court and Judicial Officers
Please visit our Training & Support
Center or Contact Us for assistance
Scan Me!
India’s Legal research and Law Firm App, Download now!
For Daily Legal Updates, Join us on :
Back to top
