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OVI R17 CPC | P&H High Court Sets Aside Trial Court Order Allowing Amendment To Pleadings After Dismissal Of Suit
Drishti Yadav
8 Nov 2022 5:34 AM GMT
Punjab and Haryana High Court recently allowed a revision petition and set aside the order of the lower appellate Court vide which it allowed respondent/plaintiff's application under Order VI Rule 17 CPC for amendment of the plaint, after dismissal of suit.It held that Order VI Rule 17 of CPC specifically provides that amendment to pleadings cannot be allowed after the commencement of...
Punjab and Haryana High Court recently allowed a revision petition and set aside the order of the lower appellate Court vide which it allowed respondent/plaintiff's application under Order VI Rule 17 CPC for amendment of the plaint, after dismissal of suit.
It held that Order VI Rule 17 of CPC specifically provides that amendment to pleadings cannot be allowed after the commencement of trial, unless the Court concludes that despite due diligence, the parties could not have raised the matter earlier.
The bench comprising Justice Tribhuvan Dahiya further added that the amendment sought only on the ground that the suit property could not be properly explained in plaint due to "oversight" is no ground for the lower appellate Court to allow the amendment.
The court was dealing with a case where the respondent/plaintiff filed a suit for possession of the suit property and for recovery of charges for illegal use and occupation of the said property. The suit was dismissed by the trial Court on the ground that the plaintiff failed to prove defendant's possession over the land. So far as the question of possession was concerned, the plaintiff failed to prove any site plan allegedly in possession of the defendant.
Afterwards, the respondent/plaintiff filed the application seeking amendment of the plaint on the ground that boundaries of the suit property could not be explained properly due to oversight.
The lower appellate Court allowed the said amendment stating that the amendment sought was, only explanatory which would help the Court arrive at a correct conclusion. It was held to be relevant and bona fide also.
The High Court noted that amendment is being sought after dismissal of the suit by the trial Court, that too exactly to fill the lacuna pointed out by trial in the dismissal order. Thus, it held that allowing such an amendment would only be a misuse of the provisions of Order VI Rule 17 of CPC.
Case Title: Paramjit Singh Versus Punjab Wakf Board, Chandigarh
Citation: 2022 LiveLaw (PH) 287
Click Here To Read/Download Order
