Defendant challenged orders extending time for payment of court fee deficiency and allowing amendment of plaint restricting plaintiffs' damages claim from Rs.1.5 crore to Rs.5 lakhs. Court held plaintiffs may limit or give up claims at their discretion and dismissed the revision petition.
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122 IN THE HIGH COURT OF PUNJAB AND HARYANA AT CHANDIGARH
CR-5036-2024 (O&M) Date of Decision: September 04, 2024
Sain Dass Gupta and Company …Pe33oner
Versus
Devi Dayal and another …Respondents CORAM: HON'BLE MR. JUSTICE DEEPAK GUPTA
Present: - Mr. Rehan Gupta, Advocate for the pe��oner. DEEPAK GUPTA, J.(Oral)
Pe��oner before this Court is the defendant before learned Addl. Civil Judge (Sr. Divn.), Jaitu, in Civil Suit No.178 of 2022. He is aggrieved by the order dated 27.07.2023 (Annexure P-3) allowing the extension of �me for making the deficiency of Court fees good, another order dated 18.09.2023 (Annexure P-5) gran�ng the addi�onal �me to make the deficiency of Court fees good; and the order dated 29.05.2024 (Annexure P-8) whereby applica�on under Order 6 Rule 17 CPC filed by the respondents-plain�ffs to amend the plaint, was allowed.
Sarita Rani 2024.09.04 06:30 I attest to the accuracy of this document/order
CR-5036-2024 (O&M)
- 2 -
2024:PHHC:115562
Order 6 Rule 17 CPC (Annexure P-6) was moved to amend the plaint sta�ng therein that though the plain�ffs had suffered heavy loss due to act and conduct and sub standard products supplied by the defendant, but they were restric�ng their claim for damages to the extent of �5 lacs. Said applica�on for amendment of plaint has been allowed by way of impugned order dated 29.05.2024 (Annexure P-8).
(DEEPAK GUPTA)
September 04, 2024 sarita
JUDGE Whether reasoned/speaking: Yes/No Whether reportable: Yes/No
Sarita Rani 2024.09.04 06:30 I attest to the accuracy of this document/order
1 issue framed by the court
Whether a plaintiff may be permitted to amend the plaint to restrict a damages claim from Rs.1,50,00,000 to Rs.5 lakhs.
2 provisions across 1 enactments
Sain Dass Gupta and Company
Devi Dayal
Deepak Gupta
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
