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ARUN KUMAR JHA
Bhola Mandal – Appellant
Versus
Arjun Mandal – Respondent
JUDGMENT (CAV)
Heard both the parties.
2. The present petition has been filed under Article 227 of the Constitution of India for setting aside the order dated 15.10.2022 passed by learned Additional District Judge-17, Bhagalpur in Title Appeal No. 86 of 2019 whereby and where under the learned Appellate Court rejected the amendment petition filed by the petitioner.
3. Briefly stated the facts of the case are that petitioner was plaintiff in Title Suit No. 392 of 2003 which was filed seeking the following reliefs:
“a. The court be pleased to declare that plaintiff has got perfect right, title interest over the land in question and record of right is illegal, void, ultravirous and bad in law and declare that defendant has got no concern over the land in question.
b. The court further be pleased to hold and declare that exclusive owner has got good title over the land in question and defendant has got no concern and record of right is illegal, void and bad in law.
c. The court further be pleased to hold and declare that land in question is self acquired property of the plaintiff.
d. Costs and other reliefs.”
Respondent was the defendant and is the own brother of the plaintiff.
Amendment of plaint – All amendment shall be allowed at any stage which might be necessary for the purpose of determining real question in controversy between parties.
The proposed amendment should not change the nature and character of the suit, cause prejudice, or set up an entirely new case.
Amendments to pleadings cannot fundamentally change the nature of the suit; sufficient diligence is required in filing such applications.
Amendment of plaint – If amendment is necessary for deciding real controversy between parties and for arriving at a just conclusion, such amendment could be allowed even at a late stage.
Amendments to plaints filed after trial commencement must demonstrate due diligence; otherwise, they may alter the suit's nature, which is prohibitive under law.
Order II Rule 2 CPC operates as a bar against a subsequent suit if the requisite conditions for application thereof are satisfied and the field of amendment of pleadings falls far beyond its purview.....
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....
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