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    Order 6r17

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    Satyendra Chauhan
    The document is a court order from the Court of Shri Tarun Yogesh regarding suit no. 391 of 2006. The order disposes of two applications filed by the plaintiff. The first application seeks to amend the plaint by adding a new paragraph referring to a previous suit against another party. The second application seeks permission to lead additional evidence regarding payment made to that other party. The court allows both applications, finding the amendments do not change the cause of action or prejudice the defendant, and that additional evidence is now necessary. The matter is scheduled for leading of additional evidence on April 24, 2008.

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    © All Rights Reserved
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    Order 6r17

    Uploaded by

    Satyendra Chauhan
    161 views4 pages
    The document is a court order from the Court of Shri Tarun Yogesh regarding suit no. 391 of 2006. The order disposes of two applications filed by the plaintiff. The first application seeks to amend the plaint by adding a new paragraph referring to a previous suit against another party. The second application seeks permission to lead additional evidence regarding payment made to that other party. The court allows both applications, finding the amendments do not change the cause of action or prejudice the defendant, and that additional evidence is now necessary. The matter is scheduled for leading of additional evidence on April 24, 2008.

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    judgment on order 6r17

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    The document is a court order from the Court of Shri Tarun Yogesh regarding suit no. 391 of 2006. The order disposes of two applications filed by the plaintiff. The first application seeks to amend the plaint by adding a new paragraph referring to a previous suit against another party. The second application seeks permission to lead additional evidence regarding payment made to that other party. The court allows both applications, finding the amendments do not change the cause of action or prejudice the defendant, and that additional evidence is now necessary. The matter is scheduled for leading of additional evidence on April 24, 2008.

    Copyright:

    © All Rights Reserved
    Download as PDF, TXT or read online from Scribd
    Download as pdf or txt
    161 views4 pages

    Order 6r17

    Uploaded by

    Satyendra Chauhan
    The document is a court order from the Court of Shri Tarun Yogesh regarding suit no. 391 of 2006. The order disposes of two applications filed by the plaintiff. The first application seeks to amend the plaint by adding a new paragraph referring to a previous suit against another party. The second application seeks permission to lead additional evidence regarding payment made to that other party. The court allows both applications, finding the amendments do not change the cause of action or prejudice the defendant, and that additional evidence is now necessary. The matter is scheduled for leading of additional evidence on April 24, 2008.

    Copyright:

    © All Rights Reserved
    Download as PDF, TXT or read online from Scribd
    Download as pdf or txt
    of 4

    SuitNo.

    391of2006

    IntheCourtofShriTarunYogesh:CivilJudge:Delhi
    SuitNo.238/04
    IntheMatterof:
    SmtSantoshKumari

    ...Plaintiff

    Versus
    ShriNitishJaiswal

    ..Defendants
    ORDER

    1.

    Vide this order I shall dispose off two applications filed by the

    plaintiff. ThefirstapplicationunderOrder 6rule17hasbeenfiledfor


    amendingtheplaintbyaddingParaNo.3Aafterpara3oftheplaint.Inthe
    applicationthe plaintiff hasstatedthatthe omissiontoincorporatepara
    no.3Ahadoccurredinadvertentlyduetoclerical error andcouldnot be
    detectedearlier.Plaintiffhasfurtherstatedthatproposedamendmentwill
    notchangethenatureofthesuitandisnecessaryforthejustandeffective
    adjudicationofthecase.
    2.

    ParaNo.3AwhichissoughttobeaddedintheplaintafterparaNo.3,

    readsusunder:
    That the plaintiff filed suit for damages and the
    reviewapplicationagainstShriTulsiram,whichwas
    decidedbytheHon'bleCourtofShri.Gurdeepkumar,
    Additional Distt Judge Delhi. That it was
    proved/establishedthattheplaintiffpaidthebayana
    amountforthepurchaseofpartofsuitpropertyand
    alsothatthereexistedprivityofcontractbetweenthe
    plaintiffandthesaidShriTulsiram.

    Page
    1
    of4

    SuitNo.391of2006

    3.

    Defendant has remained exparte inthis case andsonoreplyhas

    beenfiledtoplaintiff'sapplication.Ihaveperusedtheplaint,inparaNo.3
    oftheplaint,theplaintiffhasmentionedthatdefendanthadtakenhertoa
    personnamely,Tulsiram,whoshowedhertheplot.Furtherinparano.5of
    the plaint, the plaintiff has stated to have paid the bayana amount of
    Rs.5,000/toShriTulsiRamagainstthebayanareceiptwhichisplacedon
    record.Thereafter,Plaintiff hasexplainedthecircumstancesunderwhich
    thedefendanthadplayedfraudwithherandgotthepropertytransferred
    intohisnamebymanipulatingthedocuments.
    4.

    Order6Rule17CPC providesforamendmentsofpleadings. The

    provisionsoforder6RuleCPCreadasunder:
    The court may at any stage of the proceedings allow
    either party to alter or amend his pleadings in such
    mannerandonsuchtermsasmaybejust,andallsuch
    amendmentsshallbemadeasmaybenecessaryforthe
    purposeofdeterminingtherealquestionsincontroversy
    between the parties. Provided that no application for
    amendment shall be allowed after the trial has
    commenced, unless the Court comes to the conclusion
    thatinspiteof duediligence,thepartycouldnothave
    raisedthematterbeforethecommencementoftrial.
    5.

    In B.K.N.PillaiVs P.PillaiAIR2000SC614(616), theHon'ble

    SupremecourtofIndiahasheld that 'allamendmentsofthepleadings


    should be allowed which are necessary for determination of the real
    controversies in the suit provided the proposed amendment does not

    Page
    2
    of4

    SuitNo.391of2006

    alter for substitute a new cause of action on the basis of which the
    originalliswasraisedfordefencetaken.'.TheHon'bleSupremeCourthas
    furtherheldthat proposedamendmentshouldnotcausesuchprejudice
    totheothersidewhichcannotbecompensatedbycostoramountstoor
    relatesindefeatingalegalrightaccruingtoaoppositepartyonaccount
    oflapseoftime.
    6.

    Inthepresentcaseathand,theamendmentapplicationunderOrder

    6Rule17hasbeen filedatthefagendofthecase,whenthematterhas
    beenlistedforfinalorders/judgment.Theproposedamendmentsbywhich
    plaintiffseekstoaddparaNo.3Atorefertothesuitfordamagesfiledby
    heragainstShriTulsiRamdoesnotalterthecauseofactionorsubstitutesa
    newcauseofactionandfurtherdoesnotdefeatanylegalrightwhichhas
    accruedtothedefendant.Inherplaint,Plaintiffhasalreadymentionedof
    having paid the bayana amount to Shri Tulsi Ram against the bayana
    receiptandthroughtheproposedamendment,byaddingparano.3A,the
    Plaintiff onlywantstorefertothejudgementofthelearnedADJ Shri
    GurdipKumarpassedinhersuitfiledagainstthesaidShriTulsiRam.The
    proposed amendment is necessary to determine the real questions in
    controversybetweentheparties,soplaintiff'sapplicationisallowedandthe
    amendedplaintistakenonrecord.
    7.

    The other application has been filed by the plaintiff seeking

    permissiontoleadadditionalevidencetoprovethetransactionofpayment
    ofthebayanaamountofRs.5,000/ toShriTulsiRam,whichhasbeen
    admittedbyhimandprovedintheothersuittitledasSantoshKumariVs.
    TulsiRam.

    Page
    3
    of4

    SuitNo.391of2006

    Sinceafterallowingtheamendmentapplication,itbecomesnecessary
    toallowtheplaintifftoleadadditionalevidence,hencethisapplicationis
    alsoallowedandplaintiffispermittedtoleadadditionalevidenceinthis
    regard.
    8.

    Tocomeupforleadingofadditionalevidenceon24/4/2008.

    ANNOUNCEDINOPENCOURT
    ON10/4/2008

    TARUNYOGESH
    CIVILJUDGE/DELHI

    Page
    4
    of4

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