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Tuesday, March 16, 2010

Amendment of pleadings--Each case relating to the amendment has to be decided on its own facts by applying the judicial precedents

2010(1) LAW HERALD (P&H) 478
IN THE HIGH COURT OF PUNJAB AND HARYANA
Before
The Hon’ble Mr. Justice Vinod K. Sharma
Civil Revision No. 2768 of 2006
Lakmi and Ors.
v.
Karam Singh
{Decided on 12/08/2009}
For the Petitioners: Mr. B.R. Vohra, Advocate.
For the Respondent: Mr. Vikram Punia, Advocate.
IMPORTANT POINT
Amendment of pleadings--Each case relating to the amendment has to be decided on its own facts by applying the judicial precedents which govern amendment of pleadings.
(A) Civil Procedure Code, 1908, O.6, R.17--Amendment of plaint--Plaintiff was well aware of facts which are now sought to be incorporated in plaint--Further amendment completely change nature of suit from mandatory injunction to that of possession in absence of any allegation that it was during pendency of suit that plaintiff/respondent was disposed--Amendment cannot be allowed.
(B) Civil Procedure Code, 1908, O.6, R.17--Amendment in pleading--Few principles established by various judicial decision are:-
i) The parties should not be allowed to substitute one cause of action or the nature of the claim for another as claimed originally or should also not be allowed to change the subject-matter or the controversy in the suit;
ii) The parties should not be allowed to introduce by amendment an inconsistent or contrary plea to negate the facts originally admitted though a party may be allowed inconsistent plea on admitted facts by way of amendment;
iii) The amendment should not cause prejudice to the other side which cannot be compensated by way of costs; (P.12)
(C) Civil Procedure Code, 1908, O.6, R.17--Amendment of pleadings--Each case relating to the amendment has to be decided on its own facts by applying the judicial precedents which govern amendment of pleadings--The principles are fixed but the application of the same varies according to facts of each case. The power is to be exercised by the Courts for the ends of justice and to prevent the abuse of process of the Court. (P.12)