Smt. Barkha Agarwal v. Rajendra Singh Chandok and Others
Civil Procedure Code, 1908 – Order VI Rule 17 (amendment) – appeal against order passed thereunder
Case brief
What is this about?
Bombay High Court, Appeal From Order No. 248 of 2024, Smt. Barkha Agarwal v. Rajendra Singh Chandok and Ors, decided 25 April 2025 by Gauri Godse, J. The Court held that an order passed under Order VI Rule 17 CPC is not appealable, being outside both Order XLIII and Section 104 CPC, and dismissed the appeal, granting the appellant liberty to adopt appropriate proceedings while keeping rival contentions on merits open. Relevant for appealability of orders on amendment of pleadings under Order VI Rule 17 CPC.
What did the court decide?
Liberty to the appellant to adopt appropriate proceedings as permissible in law; rival contentions of the parties on merits kept open. ¶15