Extracted from the PDF above. The PDF is authoritative.
No Date Office Notes, reports, orders or proceedings or directions and Registrar’s order with Signatures COURT’S OR JUDGES’S ORDERS
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CLR No. 5 of 2024 Hon’ble Alok Mahra, J.
Mr. Nikhil Singhal, learned counsel for the revisionist.
2. Mr. Vikas Bahuguna, learned counsel for the respondent.
3. By means of the present civil revision, the revisionist has challenged the order dated 21.11.2023 passed by learned District Judge, Haridwar in SCC Suit No. 22 of 2022, Smt. Kanta Devi Vs. Shri Ram Patuwar, whereby, the application of the revisionist filed under Order 6, Rule 17 read with Section 151 CPC has been dismissed.
4. The amendment, which was sought, was only in the nature to elaborate the
facts already pleaded in the written statements inasmuch as only the amount of monthly rent was to be added.
5. The amendment sought was clarificatory in nature and does not introduce any new case, which was pleaded in the written statement.
6. The learned District Judge have rejected the amendment application by holding that the amendment sought is contradictory to the earlier stand taken in the written statement.
7. In the considered opinion of this Court, the amendment sought by the
revisionist in his written statement is neither contradictory nor it changes the nature of the suit as observed in the above paragraph.
8. By the proposed amendment, the revisionist have sought to elaborate the
facts originally pleaded in the written statement, it does not introduce any new case as compared to pleading in the written statement and if the proposed amendment is allowed, it would neither result in changing the nature of the suit nor will result in withdrawal of any admission and lastly the suit is in initial stage of progress, therefore, no prejudice would be caused to the plaintiff.
9. The Hon’ble Apex Court have also held that Courts should be liberal while allowing the amendment application to prevent multiplicity of suits.
10. In view of the above observations, the present civil revision is allowed. Consequently, the impugned order dated 21.11.2023 is hereby set-aside and the amendment application filed by the revisionist is allowed.
11. Since, it is a SCC suit, therefore, the learned court concerned is requested that the matter be expedited.
(Alok Mahra J.)
18.02.2025
Ujjwal