AMENDMENT OF PLAINT
Vishwa Nath through his LRs ..... Petitioners
Versus
Onkar Chand and another ..... Respondents
CR No.3838 of 2022 (O&M) Date of Decision: 30.11.2022
The petitioners-defendants have filed the present petition under Article 227 of the Constitution of India is for quashing of the order dated 09.08.2022 (Annexure P-1) passed by the learned Civil Judge (Junior Division), Mukerian, vide which an application filed under Order 6 Rule 17 of CPC by the respondents-plaintiffs, was allowed.
The High court opined that The Courts, no doubt, cannot be expected to turn a blind
eye and rather must stay alive to any prejudice or injustice which may
be caused to the opposite party on account of some amendment to the
pleadings, which may have been allowed in an application moved under
Order 6 Rule 17 of CPC. However, at the same time, the Courts, should
adopt a liberal approach in allowing such amendment of pleadings,
which may be necessary for just and effective adjudication of the matter
in issue between the parties. The Administration of Justice cannot be
allowed to be obstructed by a hyper technical approach while
adjudicating upon the question of amendment of pleadings.
Court did not find any merit
in the instant petitioner and the same stands dismissed.
