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AJAY MOHAN GOEL
Nikhil – Appellant
Versus
Shourya Industries – Respondent
JUDGMENT (ORAL)
Ajay Mohan Goel, J.—By way of this petition, the petitioner has assailed order dated 03.11.2025, passed by learned Senior Civil Judge, Nahan, District Sirmour, H.P., in CMA No. 728/6 of 2025, in Civil Suit No. 124/25, in terms whereof, application filed under Order VI, Rule 17 of the Civil Procedure Code (hereinafter referred to as ‘CPC), by the respondent/plaintiff, stands allowed and the plaintiff stands permitted to carry out amendment in the plaint.
2. Brief facts necessary for the adjudication of this petition are that the respondent-plaintiff has filed a suit for permanent as well as mandatory injunction against the defendants, which is pending adjudication. The copy of the original plaint is appended with the petition as Annexure P-1. In terms of the averments made in the plaint, a decree is sought against the defendants for restraining them from causing any interference or any sort of damage to the suit property, description whereof has been given in the plaint, comprised in khata khatauni No. 243min/335min, Khasra No. 1013/346/176/2, total measuring 01-00-00 bigha, situated at mauza Moginand, Tehsil Nahan, District Sirmour, H.P. It is a matter of record tha
Amendment in plaint – In terms of Order VI, Rule 17 of CPC, Court may at any stage of proceedings allow either of parties to alter or amend pleadings, in such manner or on such terms, as may be just.
Amendments to pleadings are permissible when necessary to resolve the real dispute between parties, particularly when issues have not been framed, to avoid multiplicity of litigation.
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.
The court clarified that amendments under Order 6 Rule 17 require a demonstration of due diligence, rejecting late applications that merely correct previous errors without just cause.
Amendments to pleadings under Order VI Rule 17 of the Code of Civil Procedure can be allowed to correct typographical errors that do not change the substance of the claims, especially when sought at ....
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