Charanjeet Singh & Anr. v. Raj Kumar
Case brief
What is this about?
The High Court allowed an amendment application under Order VI Rule 17 CPC to correct a clerical error in a site plan regarding land possession. It reversed the lower court's rejection, citing that the error did not alter the suit's nature or prejudice the respondent, and ordered the new plan to be recorded with costs.
What did the court decide?
Impugned order modified; amended site plan taken on record subject to payment of costs by Plaintiffs.
What the court decided
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- IN THE HIGH COURT OF DELHI AT NEW DELHI Date of decision: 19th February, 2020
- CM(M) 921/2019 and CM APPL. 27573/2019
- CHARANJEET SINGH & ANR ..... Petitioners Through: Mr. Rajiv Khosla, Mr. Tajinder Saluja and Mr. Sunil Singh, Advocates.
- versus
- RAJ KUMAR ..... Respondent Through: Mrs. Seema Issar, Advocate (M: 9810260053).
CORAM:
JUSTICE PRATHIBA M. SINGH
Prathiba M. Singh, J. (Oral)
- The challenge in this petition is to the order dated 20th February, 2019 by which the application under Order VI Rule 17 CPC filed by the Petitioners herein/Plaintiffs (hereinafter „Plaintiffs‟) was rejected by the Trial Court. The primary ground on which the Trial Court had dismissed the application was that the Plaintiffs were trying to expand the scope of the subject matter of the suit by attempting to change the site plan and further, the Trial Court came to the conclusion that the Plaintiffs were trying to fill up the lacunae in the case.
Issues for consideration
3 issues framed by the court
Whether an amendment application under Order VI Rule 17 CPC to correct a clerical error in a site plan should be allowed after conclusion of evidence.
Whether the Trial Court erred in rejecting the amendment application on the grounds of changing the scope of the suit.
Whether the High Court can modify the impugned order of the Trial Court to permit the amendment for substantive justice.
Parties & counsel
- petitioner
CHARANJEET SINGH
- petitioner
ANR
- respondent
RAJ KUMAR
Coram
Case details
As recorded by the court registry
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