Amendment Cannot Be Allowed After Commencement of Trial: Punjab and Haryana High Court
In a recent judgment, the High Court of Punjab and Haryana at Chandigarh upheld a decision that dismissed an application for amendment of pleading in a civil suit. The case, CR-3486 of 2023, saw petitioner Mohan Chauhan challenging an order dated 08.05.2023, which had been passed by the Additional Civil Judge (Senior Division), Sonepat.
The dispute revolved around a civil suit filed by Chauhan, seeking a decree of possession through specific performance of a contract and challenging the legality of a notice dated 01.06.2016. The plaintiff alleged that the defendants had entered into an agreement to sell agricultural land and had received earnest money of Rs.36,31,250/- from him.
In a significant observation, the court noted that the “application under Order VI Rule 17 C.P.C, 1908 for the amendment purpose cannot be allowed after the commencement of the trial.” The court also pointed out a “lack of due diligence” on the part of the plaintiff, as the application for amendment was filed at the rebuttal stage.
The plaintiff sought to introduce an amendment in the plaint to include additional legal notices and their publications as illegal, null, and void. However, the court upheld the decision to reject the application, emphasizing that the proposed amendment did not introduce any new fact or change the nature of the suit.
The judgment underscores the importance of timely and diligent action in legal proceedings and sets a precedent for similar cases in the future.
Date of Decision: 31 October 2023
Mohan Chauhan VS Tej Singh and others
