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2023 Supreme(Online)(Gau) 7416

TRIPURA HIGH COURT
, J
Subash Debnath v. Shyamal Sarkar
Civil Misc. Case No.09 of 2021 | T.S.157 of 2016



Advocates:
For the Appellants/Petitioners: Mr. B.N. Majumder, Mr. B. Paul
For the Respondents: Mr. N. Chowdhury, Ms. R. Majumder

Timeliness and nature of amendments are critical; undue delay in requesting amendments can result in prejudice to the opposing party.

Headnote:Statute Analysis: This petition is filed under Article 227 of the Constitution of India, seeking to quash the order dated 06.04.2022 in Misc. Case No.09 of 2021 in T.S.157 of 2016, passed by the Civil Judge, Senior Division. Facts: The petitioner sought an amendment in the plaint to correct typographical errors in numerical figures and dates. The amendment was rejected due to delay by the lower court. Findings: The court found that the delay and the nature of amendments sought raised issues about the original character of the suit.

Issues: The main question was whether the amendment could be allowed at such a late stage.

Ratio Decidendi: The court reiterated that amendments should not change the nature of the suit, and any delay could prejudice the other party.

Result: The revision petition was dismissed without interference with the lower court's ruling.

Table of Content
1. filing seeks amendment for typographical correction in plaint. (Para 1 , 2 , 3)
2. arguments presented by both parties highlight the nature of amendment. (Para 6 , 9)
3. court emphasizes timely requests for amendments to prevent prejudice. (Para 11 , 12 , 19 , 20)
4. final ruling dismissed the revision petition. (Para 21)

1. This instant revision petition has been filed under Art.227 of the Constitution of India , for quashing / canceling / setting aside the order dated 06.04.2022 in Civil Misc, Case No.09 of 2021 in T.S.157 of 2016 passed by learned Civil Judge, Senior Division, Khowai, Tripura.

2. The fact of the case in brief is that, the petitioner being the plaintiff filed the T.S. Suit No.157 of 2016 against the respondents for confirmation of title over the suit land, described in the plaint and inter alia for recovery of the khash possession of the suit land by evicting the defendants and his agents. The respondents herein being the defendants in the suit had appeared and joined the trial of the case and filed their written statement.

3. At that stage, it was noticed by the plaintiff - petitioner that the plaint contains certain typographical mistakes in terms of numerical figures i.e., in Para - 9, 11 and 12 of the plaint a date (all are of same) has been printed out wrongly. It has been typed as '30.09.2014' though it would be '30.12.2015'. Similarly in the same way, due to typographical mistake / error and / or oversight in the st schedule of the suit land, in page - 7 of the plaint, in 1 line, '10' Gandas has been typed, thought it would be '5' Gandas. As such the petitioner applied for amendment of the plaint on 24.02.2021. The said application for amendment of the plaint was registered as Misc No.09 of 2021. The defendant - respondents submitted their written objection resisting the prayer of the petitioner for amendment of the plaint.

4. The aforesaid application for amendment of the plaint was heard by the learned Trial Judge and ultimately by an order dated 06.04.2022, the learned Trial Judge rejected the said prayer for amendment solely on the ground that there was delay in filing the application.

5. Being aggrieved and dissatisfied by the said order dated 06.04.2022 passed in Misc. Case No.09 of 2021 passed by the learned Civil Judge, Senior Division, Khowai, this instant revision petition has been filed seeking the following reliefs: -
" i) Admit this revision petition;
ii) Issue a Rule calling upon the respondents to show cause as to why the impugned order dated 06.04.2022 passed by the ld. Court of Civil Judge, Senior Division, Khowai, in connection with the Case No. Civil Misc.09/2021 in connection with T.S. 157 of 2016, shall not be quashed / set aside, for the fair ends of justice.
iii) Call for the records pertaining to the Case No. Civil Misc.09/2021 in connection with T.S.157 of 2016 pending before the ld. Court of Civil Judge, Senior Division, Khowai, Tripura;
iv) In the ad - interim pass an order staying the further proceeding of Title Suit Case No.157 of 2016, pending before the Ld. Court of Civil Judge, Senior Division, Khowai, Tripura, till disposal of the instant revision petition, for the fair ends of justice.
v) After hearing the parties may please to quash, set aside the impugned order dated 06.04.2022 passed by the learned Court of Civil Judge, Senior Division, Khowai, Tripura in connection with the Case No. Civil Misc.09/2021 in connection with T.S.157 of 2016, for the fair ends of justice.
vi) After hearing the parties may please to make the Rule absolute in terms of prayer Nos.(i) and (iv), cited above;
vi) Pass any other or order or orders granting relief(s) in favour of your humble petitioner as to this Hon'ble Court may deem fit and proper."




6. Heard Mr. B.N. Majumder, learned Sr. counsel assisted by Mr. B. Paul, learned counsel appearing for the petitioner as well as Mr. N. Chowdhury, learned counsel appearing for respondent Nos.1 and 2, and Ms. R. Majumder, learned counsel ap








































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