Amendment of Pleadings not Allowed After Dismissal of Suit: P&H HC

07 May 2024 2:49 AM

By: Admin

The lower appellate court's decision to grant the plaintiff's request under Order VI Rule 17 of the CPC for changing the plaint after the lawsuit was dismissed was reversed by the Punjab and Haryana High Court, who also accepted a revision plea.

The Order VI Rule 7 CPC clearly prohibits revision of pleadings after the trial has begun, the Bench of Justice Tribhuvan Dahiya said, unless the court determines that the parties could not have raised an issue earlier while exercising reasonable diligence.

According to the court, a request for a modification based on the claim that the suit property could not be adequately explained because of an error cannot be a justification for approving the change.

In the current instance, the plaintiff filed a claim for possession of a property and also demanded accusations of unauthorised occupation. As a result of the plaintiff's inability to establish the defendant's ownership of the property, the trial court dismissed the lawsuit.

Due to an oversight, the plaintiff was unable to clarify the limits of the suit property when the lawsuit was dismissed, so he filed an application to amend the plaint. The lower court granted the application.

The trial court dismissed the lawsuit after the amendment was requested, and the amendment aimed to close the loopholes that the trial court had emphasised in its dismissal order, the High Court stated in its decision on appeal.

According to the High Court, approving the modification would violate Order VI Rule 17 of the CPC in this situation.

Paramjit Singh

Punjab Wakf Board