Code of Civil Procedure, 1908 – Order 6 Rule 17 – Civil Procedure – Amendment of Plaint – Change in nature of suit – Rejection of application for amendment of plaint by Trial Court – Approach to High Court – Held: The plea of adverse possession taken by the petitioner/plaintiff in his original plaint was struck off by the learned Trial Court on 23.02.2019 at the instance of the petitioner/plaintiff by allowing his application moved under order 6 Rule 17 CPC. Three years later plaintiff, yet again moved another amendment application now seeking to incorporate the same plea of adverse possession, which he had cautiously discarded earlier.
Litigants cannot be allowed to play with sanctity of judicial procedures at their whims & fancies. Petitioner/plaintiff cannot be permitted to undo in his second amendment application what he had specifically requested for and was allowed by the learned Trial Court in his first amendment application that too at the stage of leading defendants’ evidence. Also the factual plea of adverse possession now being sought to be incorporated would change the nature of suit. This plea cannot be permitted in the given facts. It would cause prejudice to the respondents/defendants. (Para 6,7,8)
HIMACHAL PRADESH HIGH COURT JUDGMENT
Citation: 2023 STPL(Web) 56 HP
Devmani Vs. State & ors.
CMPMO No. 379 of 2023-Decided on 28.07.2023
https://stpllaw.in/wp-content/uploads/2023/08/2023-STPLWeb-55-HP.pdf
