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IN THE HIGH COURT OF ORISSA AT CUTTACK
B.P. ROUTRAY
Saktikanta Samal – Appellant
Versus
Charan Samal – Respondent
| Table of Content |
|---|
| 1. context of the amendment petition. (Para 3) |
| 2. amendment for typographical corrections allowed. (Para 4 , 6) |
| 3. general principles regarding amendment of pleadings. (Para 5 , 7 , 8) |
| 4. conclusion: cmp allowed. (Para 9) |
JUDGMENT :
B.P. ROUTRAY, J.
1. Heard Mr. L.Mishra, learned counsel for the Petitioner.
2. No one appears on call for the Opposite Parties.
3. Present CMP is directed against order dated 20th March 2025 passed in C.S.No.39 of 2023 by learned Civil Judge (Senior Division), Chandikhole, wherein the prayer for amendment of the plaint sought by the Plaintiff has been rejected.
4. Present Petitioner is the Plaintiff, who filed the suit praying to declare R.S.D. No.3496 dated 23rd December 1996 in respect of the suit schedule land as illegal and void and further, subsequent sales made by Defendant No.1 in respect of the suit land along as inoperative, for declaration of right title interest of the Plaintiff over the suit land and consequential reliefs. At the stage awaiting written statement from the side of Defendant No.1, the Plaintiff sought for amendment of the plaint as per the amendment petition dated 2nd December 2024. In said amendment, the boundary of the
Amendments to a plaint should generally be permitted unless they change the nature of the lawsuit or cause injustice to the opposing party, especially when the case is still at a preliminary stage.
Amendments to pleadings should not change the nature of the suit or prejudice the other side; due diligence must be shown when seeking amendments.
Amendments to pleadings should be allowed if necessary to determine the real questions in controversy, provided they do not cause injustice to the other party.
Amendments to pleadings must not alter the fundamental nature of the case or prejudice the opposing party; such amendments can be disallowed if they distort the original claims.
Amendments to pleadings are permissible under Article 227 if they are necessary to resolve the real controversy, provided they do not cause undue prejudice to the opposing party.
Amendments to pleadings should be allowed when they are necessary for just adjudication and do not alter the fundamental nature of the suit, ensuring the resolution of real questions in controversy w....
The necessity of timely filing an application for amendment and the consideration of potential prejudice to the opposing party.
Amendments to pleadings under Order VI Rule 17 CPC to be liberally allowed if necessary for real controversy, no prejudice to other side, even post-written statement but pre-trial, to avoid multiplic....
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