Searching Case Laws & Precedent on Legal Query..!
Scanned Judgements…!
Searching Case Laws & Precedent on Legal Query..!
Scanned Judgements…!
Amendments are to be considered with a liberal approach, especially when they relate to subsequent events that have transpired during the pendency of the suit, as these are relevant for the proper adjudication of the case ["Nagoji Srinivasa Rao VS Mokkapati Vijaya Lakshmi - Andhra Pradesh"], ["vs - Kerala"].
Analysis and Conclusion:
References:- ["Man Singh Chauhan Alias Man Singh vs Bhanwar Singh - Punjab and Haryana"]- ["Pradeep Singh vs Shurveer Singh - Himachal Pradesh"]- ["Thakurani Shree Shree Durga Mata Jew VS Kangali Charan Raul - Current Civil Cases"]- ["GOBINDER SINGH VS WG. CDR. PRITAM SINGH - Delhi"]- ["Birendra Nath Barman vs Manik Guri - Calcutta"]- ["A. Mohammed Rasool @ Mujeeb Pasha, S/o. Late Ameer Jain vs Vageeswari S., W/o. B.R. Srinivasa - Karnataka"]- ["Sayed Hussain Hydrose Thangal S/o Sayed Abdulla Hydrose Thangal vs K.J. Paul S/o Joseph - Kerala"]- ["Nagoji Srinivasa Rao VS Mokkapati Vijaya Lakshmi - Andhra Pradesh"]- ["Sita Devi W/o. Chittar VS Jagdish Verma S/o. Ramchandra - Rajasthan"]- ["Sony Kabushiki Kaisha VS Mahaluxmi Textile Mills - Calcutta"]- ["SRI K RAVI vs SRI K SRIRAM - Karnataka"]- ["vs - Kerala"]- ["R. D. Subramonian, Residing At Resmi, Kalavoor Village, Kattoor Muri, Pollethai P. O. , Alappuzha VS C. B. Sukumara Kurup, Chamundackal Puthenveliyil - Kerala"]- ["SHAHID SHAIKH REPRESENTED THR. HIS POA MOBIN SHAIKH vs MEKITA MANGUESH NAIK - Bombay"]- ["vs - Kerala"]
In civil litigation, circumstances can evolve after filing a plaint, raising the question: Whether amendment of the plaint incorporating subsequent events is permissible? This is a common dilemma for litigants in India, where procedural rules must balance justice with fairness. Under Indian civil procedural law, particularly Order VI Rule 17 of the Code of Civil Procedure (CPC), courts generally permit such amendments if they are necessary for effective adjudication, do not introduce a new cause of action, and serve the interests of justice. However, there are limitations to prevent prejudice or injustice.
This blog post delves into the permissibility of these amendments, key judicial principles, relevant case law, and practical recommendations. Note: This is general information based on established precedents and not specific legal advice. Consult a qualified lawyer for your case.
Amendments to pleadings, including plaints, are governed by Order VI Rule 17 CPC, which empowers courts to allow changes in such manner and on such terms as may be just. Courts adopt a liberal approach to amendments, emphasizing that procedural rules should aid, not obstruct, justice. The primary test—known as the real controversy or cardinal test—is whether the amendment is necessary to determine the real question in controversy between parties [
#PlaintAmendment, #CPCRule17, #IndianCivilLaw
By way of proposed amendment, the plaintiffs seek to amend the plaint incorporating following amendments: “a. That words “mother of the plaintiffs” requires to be written under words “Sarla” in pedigree table duly shown in para no.1 of the plaint. b. ... While considering whether an application for amendment should or should not be allowed, the Court should not go into the correctness or falsity of the case in the amendment. ... On the contrary, the learned Judges of ....
The only difference in the original plaint and subsequent amendment is with respect to description of the land. It is not that the plaintiff has changed the identity or location of the suit land. ... In my considered view, the plaintiff has rendered reasonable explanation for not incorporating the correct description of the suit land in the original plaint. 21. ... Thus, plaintiff proposed amendment to the plaint as under:- “a. ... , by granting such an amen....
It is further submitted that in paragraph 8 and prayer(a) of the plaint is to be amended by deleting the word “possession” and by incorporating the sentence “eviction/ejectment as against the defendant”. 5. Mr. ... and in paragraph 8 of the plaint. ... The plaintiffs have filed the application for amendment in the plaint as indicated in the proposed amendment enclosed with the present application. The plaintiffs by way of amendment also intent to substitute the legal....
... ( 15 ) ADDITIONAL statements going beyond the permissible limit is taken off the record and defendant No. 3 is directed to file a fresh written statement incorporating only the relevant amendments in view of filing of the amended plaint. ... this Court and if so, whether subsequent actions on the part of the plaintiff in not objecting to the additional pleadings in the written statement and the framing of additional issues on the basis of such new pleadings amounted to deemed and implied permission ....
of filing the original plaint but subsequent pleading stand on different footings. ... That apart, the petitioner did not seek leave under Order 8 Rule 9 of the Code of Civil Procedure to file subsequent pleading but applied under Order 6 Rule 17 of the Code for amendment of plaint. 27. ... By the order impugned, the application for amendment of plaint was allowed 3. ... Jayalakshmi (supra) it has been held that it is the primal duty of the Court to decide as to #HL_S....
I.A No.10 was filed on behalf of the plaintiff on 20.11.2023, when the suit was at the stage of arguments, with a prayer to amend the plaint by incorporating proposed paragraph No.3(a) immediately after paragraph No.3 in the plaint. ... The Hon'ble Supreme Court in B.K.Narayana Pillai's case supra, has observed that though the principle for considering the application for amendment is equally applicable to amendment of plaint as well as the written statement, the courts should normally....
It is thereafter, that the petitioner filed I.A No.2/2025 in W.O.S No.8/2023 seeking amendment of the plaint by incorporating a prayer of recovery of possession of the property for which the relief of declaration was sought in the aforesaid suit. ... The refusal of the Waqf Tribunal, Kozhikode to permit amendment of the plaint by incorporating a prayer for recovery of possession in W.O.S No.8/2023, at a stage when the case stood for final hearing after the completion of evidence, is un....
Ayyakannu (Supra), the Supreme Court was considering the question whether it was permissible to convert through amendment, a suit merely for permanent prohibitory injunction, into a suit for declaration of title and recovery of possession. ... Where, however, the amendment sought is only with respect to the relief in the plaint, and is predicated on facts which are already pleaded in the plaint, ordinarily the amendment is required to be allowed. ... The High Court wh....
Inconsistent pleas can be raised by defendants in the written statement although the same may not be permissible in the case of plaint.8. In Abdul Rhman & Anr. v. ... Powers of the Court are wide enough to permit amendment of the written statement by incorporating an alternative plea of ownership in the application for amendment of the written statement. 6. ... Where, however, the amendment sought is only with respect to the relief in the plaint, and is predicated on ....
Now the point for consideration is whether the proposed amendment changes the nature of the suit. 19. ... Learned Advocate submits that it is well settled that the amendment in the pleadings by way of adding mutually destructive inconsistent/contradictory pleas/reliefs/claims is not permissible. ... It was contended by the petitioner that the fact was well known to the opposite party herein since more than 10 years and there has been amendment of the plaint previously in the year 2019.....
(i) Whether the amendment sought for in the plaint is absolutely necessary? Whether there is any illegality or perversity in the order passed by the lower Court?
Since the petitioner has availed himself of the alternative remedy whether the writ petition is maintainable. Whether the application for amendment of the writ petition, praying for incorporating the grounds of challenge to the detention order, is permissible. b) 1. It appears that on 12th October, 2007 the petitioner preferred an appeal under section 12 (4) of the SAFEMA challenging the order dated 7th September, 2007 passed by the respondent No. 1. (6.) THE issues to be considered are : a) Since the petitioner has availed himself of the alternative remedy whether the writ....
Whether the amended plaint is beyond the scope of the order of the court allowing amendment of the plaint?
Whether the amended plaint is beyond the scope of the order of the court allowing amendment of the plaint ?
8. The court below after hearing, allowed the amendment petition by order dated 8.12.93 which is under challenge. 9. From the discussions made above, a question has arisen as to whether in such facts and circumstances of the case, amendment of the plaint is permissible in law or not? No petition for amendment was filed during the course of examination of the witnesses by the parties. It is the admitted position that earlier the stand of the plaintiff that the last two lines of paragraph 1 of the plaint have been interpolated by the defendants in connivance with the office o....
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