Single judge allowed two civil applications seeking amendment of plaint under CPC Order 6 Rule 17. Court held amendment impermissible as it altered nature of suit or caused prejudice, allowing leave for amendment.
Plaintiff directed to amend plaint on or before 01.04.2020; Defendant granted time to file additional written statement by 15.04.2020.
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1
A.Nos.204 & 521 of 2020 in
C.S.No.57 of 2015
M.S.RAMESH,J.
The present applications are filed under Order 6 Rule 17 of the CPC
seeking for amendment of the plaint by insertion of a new paragraph 33A as
well as for amendment of the prayer in paragraph 44(i) of the plaint.
granted a certificate of registration pending the suit, which necessitated
them to file the present applications for amendment.
not have any serious objections in these applications. However, they would
request for filing an additional written statement touching upon the amendments sought for by the plaintiff.
of the suit and that no serious prejudice would be caused to the defendant, both the applications stand allowed.
2
M.S.RAMESH,J.
hvk
before 01.04.2020.
1 issue framed by the court
Whether amendment of plaint by insertion of a new paragraph and alteration of prayer is permissible when it does not alter the nature of suit and cause no prejudice.
1 provisions across 1 enactments
M.S.RAMESH,J.
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
