Sudarshan Patri v. Gouranga Chandra Panda
Code of Civil Procedure – Order VI Rule 17 – amendment of plaint after commencement of trial
Case brief
What is this about?
Order VI Rule 17 CPC amendment of plaint after commencement of trial; due diligence proviso; negligence/omission of plaintiff no ground; Order VII Rule 3 CPC identification of suit property; Civil Judge, Soro; C.S. No.116 of 2008; CMP No. 357 OF 2024; High Court of Orissa; Justice K.R. Mohapatra; amendment order set aside and remitted for fresh adjudication; disposed of without notice; liberty to seek variation.
What did the court decide?
The impugned order dated 1st March, 2024 (Annexure-1) allowing amendment of the plaint is set aside, and the amendment petition is remitted to the learned trial Court for fresh adjudication under Order VI Rule 17 CPC keeping in mind the principles of the proviso thereto. The CMP is disposed of without issuing notice to the Opposite Parties, who are at liberty to seek variation of the order if aggrieved.