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IN THE HIGH COURT OF JHARKHAND
ANANDA SEN, J.
Manoj Kumar Sao v. Binod Kumar Sao
| Table of Content |
|---|
| 1. petitioner challenges rejection of amendment in eviction suit. (Para 1 , 4 , 5) |
| 2. arguments presented on necessity and nature of amendment. (Para 2 , 3) |
| 3. court underscores limitations on amendments post-trial commencement. (Para 7 , 8 , 9 , 10) |
| 4. amendment sought alters suit’s nature; court finds it impermissible. (Para 12) |
| 5. final ruling upholds trial court's decision; petition ultimately dismissed. (Para 13 , 14) |
1. In this Civil Miscellaneous Petition filed under Art.227 of the Constitution of India, petitioner has challenged the order dated 17.08.2021 passed by the learned Civil Judge (Sr. Division) I, Giridih in Eviction Suit No.01 of 2014, whereby the learned Civil Judge (Sr. Division) I, Giridih has been pleased to reject the application dated 20.02.2020 filed by the plaintiff under Order VI R.17 of the Code of Civil Procedure seeking amendment of the plaint.
2. Learned counsel for the petitioner submitted that learned Trial Court by rejecting the amendment application, committed grave illegality as amendment was necessary for proper adjudication of the disputes between the parties. As per him, at any stage, amendment of the plaint can be allowed and the
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