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IN THE HIGH COURT OF PUNJAB AND HARYANA AT CHANDIGARH
VIKAS BAHL
Subhash – Appellant
Versus
Roshan Lal – Respondent
| Table of Content |
|---|
| 1. initiation of revision against order dismissing plaint amendment. (Para 1) |
| 2. parties' contentions regarding necessity and timing of amendment. (Para 2 , 3 , 4) |
| 3. court justification for rectifying clerical errors via amendment. (Para 5 , 6 , 7) |
| 4. real controversy test for allowing necessary plaint amendments. (Para 8) |
| 5. final order allowing amendment with restrictive procedural conditions. (Para 9 , 10) |
JUDGMENT :
VIKAS BAHL, J.
1. This is a revision petition filed under Article 227 of the Constitution of India for setting aside the order dated 18.04.2023 (Annexure P-4) vide which application dated 25.03.2021 for amendment of the plaint has been dismissed.
ARGUMENTS ON BEHALF OF THE PETITIONER:-
2. Learned counsel for the petitioner has submitted that in the present case, a perusal of the plaint would show that it was the case of the plaintiff that the defendant had borrowed an amount of Rs.3,70,000/- on 01.01.2015 and another amount of Rs.3,70,000/- on 03.01.2015 and had agreed to return the said amount along with interest at the rate of Rs.2/- per hundred per month and had also executed and signed a pronote and receipt in favour of the plaintiff. It is submitted th
Amendments of pleadings are allowed only if they clarify existing issues without altering the suit's nature, and must be pursued with diligence to avoid disadvantaging the opposing party.
Amendment of pleadings is permissible to correct inadvertent mistakes to resolve the real controversy between parties, even if the amendment raises issues of limitation.
Established limits for amending pleadings after trial onset under CPC provisions.
The judgment emphasizes the principle that allowing an amendment at a late stage, which would necessitate a de-novo trial, should be carefully considered.
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