USHA DEVI versus RIJWAN AHAMD & ORS.

USHA DEVI versus RIJWAN AHAMD & ORS.

Following Sajjan Kumar v. Ram Kishan, amendment necessary to bring forth real questions between parties should be permitted even if diligence was lacking; refusal would cause complications at execution if plaintiff succeeds; the fact situation warrants allowing amendment subject to cost.

Parties
Appellant: Usha Devi; Respondents: Rijwan Ahamd & Ors.
Jurisdiction
India
Judgment Date
17 January 2008
Procedural Posture
Civil Appeal / Appeal From W.p.(c) No.2325 of 2006, High Court of Jharkhand at Ranchi, Challenging Trial Court's Rejection of Amendment Petition
Outcome
Appeal allowed; orders of trial court and High Court set aside.
Legal Topics
Amendment of Pleadings, Permanent Injunction, Description of Suit Property, Execution of Decrees
Civil Procedure Property Law Amendment of Pleadings Permanent Injunction Description of Suit Property Execution of Decrees

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Parties

Usha Devi

Appellant

Rijwan Ahamd & Ors.

Respondents

Procedural Posture

Civil Appeal / Appeal From W.p.(c) No.2325 of 2006, High Court of Jharkhand at Ranchi, Challenging Trial Court's Rejection of Amendment Petition

Legal Issues

  1. 1 Whether the amendment of the plaint to correct the description of the suit property should be allowed after commencement of trial under Order 6 Rule 17 CPC
  2. 2 What constitutes commencement of trial under the CPC for amendment purposes

Ratio Decidendi

Following Sajjan Kumar v. Ram Kishan, amendment necessary to bring forth real questions between parties should be permitted even if diligence was lacking; refusal would cause complications at execution if plaintiff succeeds; the fact situation warrants allowing amendment subject to cost.

Court Disposition

Appeal allowed; orders of trial court and High Court set aside.

Orders

  • Appellant allowed to amend plaint subject to payment of Rs.10,000/- as cost to respondents-defendants.
  • Amendment to be permitted if cost paid within two months.