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SUPREME COURT OF INDIA
SURYA KANT, JOYMALYA BAGCHI, JJ
RAJMAL @ RAJESH CHANDANMAL LUNIYA & ANR. – Appellant
Versus
PANKAJ AMRUTLAL NAVALAKHA & ORS. – Respondent
Based on the provided legal document, the court has granted the petition to allow the amendment of the plaint under Order 6 Rule 17 CPC, thereby permitting the appellants to amend their pleadings to include consequential relief without altering the nature of the suit (!) . The court has explicitly set aside the previous orders that had declined the amendment, indicating that the amendments are now permissible and the suit is to proceed accordingly (!) .
Given this context, the petition cannot be refused or disallowed, as the court has already allowed the amendment and directed the civil court to proceed with the matter expeditiously, including permitting the respondents to file an amended written statement (!) . Therefore, the legal position and the court’s order affirm that the petition to amend the plaint should be granted, and the suit should move forward based on the amended pleadings.
| Table of Content |
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| 1. nature of suit remains unchanged despite amendment application. (Para 2 , 3) |
O R D E R
2. The appellant-plaintiffs are aggrieved by the order dated 15.12.2023, passed by the High Court of Judicature at Bombay, whereby the Revision Petition, challenging the order of the Trial Court vide which their prayer for amendment of the plaint was turned down, has been upheld. The Civil Court as well as the High Court, thus, have declined the prayer for amendment of the Suit, inter alia, on the ground that the amendment sought was inconsistent and that the appellants have not shown due diligence as is mandated under the proviso to Order 6 Rule 17 CPC.
12:16:29 IST Reason:
4. In the ad-interim injunction issued in the matter, it seems that there came some observations that the respondent- defendants are in possession of the suit land. The appellant, thereafter, moved an application under Order 6 Rule 17 CPC seeking amendment of the Suit to the extent that, in the event the same is decreed, they shall be entitled to seek possession of the subject land. It is that amendment which has been declined by the Civil Court as well as the High Court.
6. In the very nature of things, the ame
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