Disposed¶23

Mahendra Kumar Pandey v. Phulendra Pandey

Orissa HC24 Jul 2025CMP/376/2025

Case brief

AI extract

What is this about?

Amendment of pleadings; civil suit C.S.No.31 of 2012 (Kuchinda); High Court of Orissa allows defendant no.1's amendment petition dated 27.12.2024 (Annexure-2) after trial court rejection by order dated 12.2.2025; amendment brings new pleadings but does not affect nature and character of suit; suit at stage of taking evidence from plaintiff's side; trial court directed to expedite disposal; CMP No.376 of 2025; decided 24.7.2025; B. P. Routray, J.; Mahendra Kumar Pandey v. Phulendra Pandey; advocates A.K.Dash and S.K.Dash.

What did the court decide?

Amendment prayer of defendant no.1 allowed as per his petition dated 27.12.2024 (Annexure-2); Civil Judge (Sr.Division), Kuchinda directed to permit the amendments and, as prayed by both parties, to expedite disposal of the suit. ¶23

Mahendra Kumar Pandey Vs Phulendra Pandey — Orissa HC (2025) — LawSathi Research

What the court decided

AI extract

Outcome

¶23

Issue for consideration

Whether the proposed amendment sought by defendant no.1, which brings some new pleadings, affects the nature and character of the suit, and whether the prayer for amendment can be allowed at the stage of taking evidence from the plaintiff's side.

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Court's answer

The proposed amendment seeks to bring some new pleadings but does not affect the nature and character of the suit; as the suit is at the stage of taking evidence from the plaintiff's side, there cannot be any harm in allowing the prayer for amendment at this stage.

¶17

Ratio / Principle

The prayer of defendant no.1 to incorporate the amendments as per his petition dated 27.12.2024 (Annexure-2) is allowed, and the learned Civil Judge (Sr.Division), Kuchinda is directed to permit him accordingly.

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Key takeaways

As prayed by both parties, the learned trial court is directed to take steps for disposal of the suit expeditiously.obiter¶22

Detailed headnote1 paragraphs

High Court of Orissa at Cuttack, CMP No.376 of 2025 (decided 24.7.2025, B. P. Routray, J.) - Mahendra Kumar Pandey, defendant no.1 in suit C.S.No.31 of 2012 pending before the Civil Judge (Sr.Division), Kuchinda, whose prayer (amendment petition dated 27.12.2024, Annexure-2) had been rejected by the learned trial Judge vide order dated 12.2.2025, approached this Court. Observing that the proposed amendment merely brings some new pleadings without affecting the nature and character of the suit, and that as the suit was at the stage of taking evidence from the plaintiff's side there could be no harm in allowing it, the Court allowed the prayer of defendant no.1 to incorporate the amendments as per his petition dated 27.12.2024 (Annexure-2), directed the learned Civil Judge (Sr.Division), Kuchinda to permit him accordingly, and, as prayed by both parties, directed the trial court to take steps for expeditious disposal of the suit. The CMP was disposed of.

Mahendra Kumar Pandey v. Phulendra Pandey

Case brief

What is this about?

What did the court decide?

Mahendra Kumar Pandey v. Phulendra Pandey

Case brief

What is this about?

What did the court decide?

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What the court decided

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