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[2026:RJ-JP:16837]

HIGH COURT OF JUDICATURE FOR RAJASTHAN

BENCH AT JAIPUR

S.B. Civil Writ Petition No. 4355/2023

Vishnu Dutt Sharma Son Of Anand Ram Ji, Aged About 61 Years,

Resident Behind P W D Office, Lanka Gate, Bundi (Raj.)

----Plaintiff/Applicant/Petitioner

Versus

Indra Singh Yadav Son Of Takht Singh Yadav, Resident Of Radha

Bhawan, Shyam Gali, House Number 195/30, Hathi Bhata Ajmer

(Raj.)

----Defendant/Non-Applicant/Non-Petitioner

For Petitioner(s) : Mr. Sudarshan Kumar Laddha

Mr. Naman Jain

For Respondent(s) : Mr. Rahul Agarwal

HON'BLE MR. JUSTICE BIPIN GUPTA

Judgment / Order

21/04/2026

1. The matter comes upon an application No. 01/2026, seeking

early listing.

2. For the reason mentioned in the said application, the same is

allowed. With the consent of both the parties, the writ petition is

finally heard today.

3. The present writ petition has been filed assailing the order

dated 03.02.2023, passed by learned Additional Chief Judicial

Magistrate, No. 02, Bundi, in Civil Case No. 26/2019, whereby the

application filed by the plaintiff-petitioner under Order 6 Rule 17

CPC was rejected.

4. Learned counsel for the petitioner submits that, due to an in-

advertent typographical error, the name of the plaintiff’s father in

the plaint was recorded as “Anand Ram” instead of “Anant Ram”.

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Accordingly, an application under Order 6 Rule 17 CPC was filed

seeking correction of the said name.

5. Learned counsel for the petitioner further submits that the

error is purely typographical in nature. The proposed amendment

neither changes the nature of the suit nor causes any prejudice to

the defendant, as no admission is sought to be withdrawn.

Reliance has been placed on the judgment passed by the Hon’ble

Supreme Court in the case of Life Insurance Corporation of

India vs Sanjeev Builders Private Limited &Anr.; 2022 (16)

SCC 1.

6. Per contra, learned counsel for the respondent submits that

the application was filed after completion of the plaintiff’s cross-

examination. He further submits that during cross-examination,

the plaintiff was confronted with the fact that in several instances

he had mentioned his father’s name as “Anand Ram” instead of

“Anant Ram”. Therefore, the learned Trial Court has rightly

rejected the application.

7. Heard learned counsel for the parties and perused the

material available on record.

8. This Court finds that in the case of Sanjeev Builders

(supra) the Hon’ble Apex Court has held that amendments should

ordinarily be permitted where they do not alter the nature of the

suit, are not barred by limitation, and do not cause prejudice to

the opposite party. The relevant paragraph reads as under:

“71. Our final conclusions may be summed up thus:

71.1. Order II Rule 2 Code of Civil Procedure operates

as a bar against a subsequent suit if the requisite condi-

tions for application thereof are satisfied and the field of

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amendment of pleadings falls far beyond its purview.

The plea of amendment being barred Under Order II

Rule 2 Code of Civil Procedure is, thus, misconceived

and hence negatived.

71.2. All amendments are to be allowed which are

necessary for determining the real question in

controversy provided it does not cause injustice or

prejudice to the other side. This is mandatory, as is

apparent from the use of the word "shall", in the latter

part of Order VI Rule 17 of the Code of Civil Procedure.

71.3. The prayer for amendment is to be allowed.

71.3.1. If the amendment is required for effective and

proper adjudication of the controversy between the

parties.

71.3.2. To avoid multiplicity of proceedings, provided

(a) the amendment does not result in injustice to

the other side

(b) by the amendment, the parties seeking

amendment does not seek to withdraw any clear

admission made by the party which confers

aright on t