Ramesh S/O Shivaji Wagh v. Satyanarayan S/O Sarinarayan Bhut (Dead) Thr. Lrs. Kantabai Wd/O Satyanarayan Bhut and Others
Case brief
What is this about?
Amendment of plaint after commencement of trial; proviso to Order VI Rule 17 CPC; Article 227 supervisory jurisdiction; perversity; suit for recovery of possession; addition of four boundaries for identification of suit property; Dinesh Goyal alias Pappu v. Suman Agarwal (Bindal) 2024 SCC OnLine 2615 relied on; opportunity to amend written statement and re-examine witnesses post amendment; no order as to costs; Bombay High Court Nagpur Bench; Writ Petition Nos. 3246, 3244, 3240, 3231 of 2019; decided 23-01-2025.
What did the court decide?
Courts will be slow in entertaining amendment applications filed post trial, but it is equally correct that the Trial Court may consider the plea of amendment where it goes to the root of the case, in terms of the law laid down by the Supreme Court in Dinesh Goyal alias Pappu v. Suman Agarwal (Bindal).