High Court allowed revision petition permitting plaintiffs to amend plaint within one month after trial commenced, to meet defendants' newly admitted plea regarding a lease deed via Order VI Rule 17 CPC.
Plaintiffs permitted to file amended plaint within one month from date of order; trial court directed to proceed thereafter.
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.
112
In the High Court of Punjab and Haryana, at Chandigarh
Civil Revision No. 1124 of 2018
Date of Decision: 04.04.2022
Manjeet Singh and Another
... Petitioner(s)
Versus
Balbir Singh (now deceased) through his legal heirs and Others
... Respondent(s)
CORAM: Hon'ble Mr. Justice Anil Kshetarpal.
Present: Mr. Atul Lakhanpal, Senior Advocate with Mr. Arjun Lakhanpal and Mr. Varun Parkash, Advocates for the petitioner(s).
Mr. Paramjit Singh Jammu, Advocate for the respondents.
Anil Kshetarpal, J.
Civil Revision No. 1124 of 2018 2
executed by late Sh. Gurdit Singh in favour of the defendants. The aforesaid application was allowed by the Court on 23.05.2017. The plaintiffs filed an application for permission to include a relief of declaration that such lease deed dated 31.07.1992 is illegal. The trial Court has dismissed the application on the ground that the trial has commenced.
DEEPAK KUMAR BHARDWAJ 2022.04.18 13:57 I attest to the accuracy and integrity of this document
Civil Revision No. 1124 of 2018 3
enabling power of the Court to allow the amendment, however, the Court is required to examine the matter, in the peculiar facts and circumstances of each case. Proviso to Order VI Rule 17 CPC permits the Court to allow the amendment, even after commencement of the trial, provided the party satisfies the requirements. In the present case, the plaintiffs have filed an application only because a new defence has been asserted by the defendants. 9. Hence, the present revision petition is allowed. The plaintiffs
are permitted to file an amended plaint, within a period of one month, from today. Thereafter, the trial Court is directed to proceed with the matter.
(Anil Kshetarpal) Judge Whether speaking/reasoned :Yes/No Whether reportable : Yes/No
April 04, 2022 “DK”
DEEPAK KUMAR BHARDWAJ 2022.04.18 13:57 I attest to the accuracy and integrity of this document
3 issues framed by the court
Whether plaintiffs are entitled to seek amendment of plaint in revision when defendants were allowed to amend written statement during trial.
Whether Order VI Rule 17 CPC permits amendment of plaint after commencement of trial to meet new defence raised by defendants.
Whether leave to amend plaint should be granted within one month to protect plaintiffs' interest.
1 provisions across 1 enactments
Manjeet Singh
Balbir Singh (now deceased) through his legal heirs and Others
Anil Kshetarpal
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
