In a civil revision under Article 227, the Gauhati High Court held that a proposed amendment to a plaint would not alter the suit's nature. The Supreme Court reversed a lower court order and allowed the amendment.
The impugned order dated 06.11.2023 is set aside. The petitioner is allowed to amend the plaint by filing an amendment petition.
This page shows the compact analysis of this judgement. The full analysis — procedural history, issue-by-issue holdings with ratio and obiter, advocates, and paragraph-level evidence for every claim — is being added to the record in batches and will appear here when this judgement has been through it.
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GAHC010014702024
THE GAUHATI HIGH COURT (HIGH COURT OF ASSAM, NAGALAND, MIZORAM AND ARUNACHAL PRADESH)
Case No. : CRP(IO)/42/2024
UTPAL DUTTA
S/O- SRI DURGA DUTTA, R/O- WARD NO. 6, PANINDRA ROAD, NORTH LAKHIMPUR TOWN, P.O. AND P.S. NORTH LAKHIMPUR, DIST. LAKHIMPUR.
VERSUS
HAREN BORA AND 4 ORS
S/O- MUKHESWAR BORA, C/O- SADOU AXOM AMULA SANTHA, NORTH LAKHIMPUR BRANCH, R/O- JYOTI NAGAR, P.O., P.S. AND DIST. DHEMAJI, ASSAM
2:JITEN HILOIDARI C/O- SADOU AXOM AMULA SANTHA NORTH LAKHIMPUR BRANCH R/O- TELAHI BANTOW P.O. PHUKANARHAT P.S. PANIGAO DIST. LAKHIMPUR ASSAM
3:THE CIRCLE OFFICER NORTH LAKHIMPUR REVENUE CIRCLE DIST. LAKHIMPUR ASSAM
4:THE DEPUTY COMMISSIONER LAKHIMPUR NORTH LAKHIMPUR DIST. LAKHIMPUR ASSAM
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5:THE SECRETARY TO THE GOVT. OF ASSAM ASSAM SECRETARIAT DISPUR GUWAHATI ASSA
Advocate for the Petitioner : MR B KAUSHIK
Advocate for the Respondent : GA, ASSAM
BEFORE HONOURABLE MR. JUSTICE PARTHIVJYOTI SAIKIA
ORDER
07.02.2024
Heard Mr. B. Kaushik, learned counsel for the petitioner as well as Ms. K. Phukan, learned Government Advocate, for the respondent nos. 3,4 and 5.
This is an application filed under Article 227 of the Constitution of India challenging the order dated 06.11.2023 passed by the learned Civil Judge (Junior Division) No. 1, North Lakhimpur in Misc. (J) Case No. 21/2023.
The petitioner, being the plaintiff before the trial court, claimed to be possessor of plot of land measuring 10 lechas. He filed the suit praying for confirmation of his possession and for injunction restraining the respondents/defendants from forceful possession.
The respondent filed the written statement and the counter claim praying for a decree for eviction of the present petitioner from the suit land. Therefore, the petitioner filed an application before the court below under Order VI Rule 17 of the CPC praying for amendment of the plaint by inserting the paragraph 18 (i) and another additional prayer in the prayer portion of the plaint.
After hearing the learned counsel for both sides, the learned trial court held that the proposed amendment would change the nature and character of the suit.
I have considered the submission made by the learned counsel for both the sides. After going through the materials available on record, this court is of the opinion
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that the trial court has erroneously opined and arrived at a wrong finding. The proposed amendment would not change the nature and character of the suit. Hence, the impugned order dated 06.11.2023 passed by the learned Civil Judge (Junior Division) No. 1, North Lakhimpur in Misc. (J) Case No. 21/2023 is set aside.
The plaintiff/petitioner shall be allowed to amend the plaint by filing an amendment petition.
With the above, the civil revision petition is disposed of.
JUDGE
Comparing Assistant
2 issues framed by the court
Whether the proposed amendment of the plaint would change the nature and character of the suit under Order VI Rule 17 CPC.
Whether the order refusing amendment by the trial court was erroneous and required to be set aside under Article 227.
2 provisions across 2 enactments
Utpal Dutta
Haren Bora
Jiten Hilodari
The Circle Officer North Lakhimpur
The Deputy Commissioner Lakhimpur
The Secretary to the Govt. of Assam
Parthivjyoti Saikia
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
