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IN THE HIGH COURT OF JUDICATURE AT MADRAS
P.B.Balaji, J
M.Mohan – Appellant
Versus
G.Janarthanan – Respondent
| Table of Content |
|---|
| 1. necessity for amendment after identifying weakness in original pleadings. (Para 3 , 4) |
| 2. court interpretations regarding liberal considerations for amendments. (Para 7 , 8) |
| 3. final ruling is to allow the amendment application contingent on costs. (Para 10 , 11) |
ORDER
Aggrieved by the dismissal of an amendment Application in the Civil Suit, the plaintiff is before this Court.
2. Heard Mrs.Y.Kavitha, learned counsel for Mr.G.Rajesh, learned counsel for the petitioner and Mr.R.Harikrishnan, learned counsel for the respondent.
3. The learned counsel for the petitioner would contend that the revision petitioner, as plaintiff, has filed the suit for permanent injunction to restrain the respondent from disturbing his peaceful possession and enjoyment. The learned counsel would state that after commencement of trial, when the plaintiff met his lawyer and they had an occasion to go through the stand of the respondent’s written statement, it came to light the respondents have challenged the title of the revision petitioner and hence, necessity arose for inclusion of a prayer for declaration of title. She would further state that the Application was filed immediately after plai
Amendments to pleadings should be permitted to advance justice and minimize litigation, regardless of some delay, especially when the opposing party can address the changes.
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.
Courts should be extremely liberal in granting the prayer for amendment of pleadings unless serious injustice or irreparable loss is caused to the other side. The amendment to pleading should be libe....
Amendments under Order VI Rule 17 of the CPC should be permitted if they do not alter the nature of the suit and are necessary for fair adjudication.
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