Manoj Kumar Jaiswal vs Bebi Gupta
2021 Latest Caselaw 4717 MP

                                                                        1                                MP-1499-2021
                                             The High Court Of Madhya Pradesh
                                                        MP-1499-2021
                                                       (MANOJ KUMAR JAISWAL Vs BEBI GUPTA AND OTHERS)

                                    1
                                    Jabalpur, Dated : 26-08-2021
                                           Shri Nitya Nand Mishra, learned counsel for the petitioner.
                                           This petition under Article 227 of the Constitution has been filed by the
                                    petitioner/plaintiff assailing the order dated 03.03.2021 (Annexure P/4)
                                    whereby the application filed by him under Order 6 Rule 17 CPC was
                                    disallowed by the Court below.

                                           Facts

in short are that the petitioner/plaintiff had filed a Civil Suit for declaration and permanent injunction against the respondent/defendants. The suit is at initial stage. The petitioner/plaintiff also filed an application for amendment under Order 6 Rule 17 of CPC to clarify the present position of the disputed land. The respondents/defendants filed their reply to the application and opposed the application on the ground that proposed amendment was within the knowledge of the petitioner at the time of filing of the suit and it will change the nature of the suit. Learned Court below dismissed the application vide impugned order holding that the proposed

amendment will changed the nature of the suit and will create a new dispute.

Learned counsel for the petitioner has submitted that by way of amendment application Annexure P/2 dated 04.08.2020, the petitioner prayed that proposed amendment is necessary for decision of the controversy between the parties and help in effective adjudication of the dispute. Learned trial Court committed grave error in holding that the proposed amendment will change the nature of the suit and will create a new dispute between the parties.

I have heard the learned counsel for the petitioner at length. During the course of hearing, on a specific query from the Bench, learned counsel for the petitioner/plaintiff fairly admitted that instant civil suit is at pretrial stage.

Signature Not Verified SAN Thus, in view of judgment of Supreme Court in Abdul Rehman vs.

Digitally signed by SUSHEEL KUMAR JHARIYA Date: 2021.08.27 17:34:42 IST 2 MP-1499-2021 Mohd. Ruldu, (2012) 11 SCC 341, the Court below was required to deal with amendment application leniently. This is trite that while considering amendment application, the Court is not required to examine the merits of the case. To avoid multiplicity of litigation, the amendment application can be allowed. This is not unknown that alternative prayer can be advanced in the event plaintiff thinks that main relief may not be granted.

The Gwalior Bench of this Court in Jasrath Singh and others vs. Kamruddin and another WP No.3309/2012(I) permitted such amendment in order to avoid multiplicity of the litigation and to ensure complete justice between the parties. Similarly, this Court in Rajendra Prasad Katare vs. Smt. Seema Kushwah and others WP No.7329/2013 has opined as under:

"ÂœIn AIR 2001 SC 699 (Ragu Thilak D. John Vs. S.

Rayappan and Ors.) the Apex Court held that amendment can be allowed to avoid multiplicity of litigation. This court has also taken this view that change of nature of suit is not always a ground for disallowing the amendment application, See : 2010 (3) MPLJ 387 (Jaspreet Kaur & Anr. Vs. Ram Krishna and Ors).

In 2012 (5) SCC 337 ( Ramesh Kumar Agarwal Vs. Rajmala Exports Private Ltd. and others), the Apex Court opined that where the amendment will minimize the litigation, merely because nature of the suit is changed, amendment cannot be disallowed. Respondent is unable to show as to how he will be prejudiced if amendment is allowed. Relief claimed by way of amendment is directly connected with the main relief existing in the suit."Â​ Considering the aforesaid, in the opinion of this Court, Court below has erred in disallowing the amendment application by entering into merits of the case. Resultantly, the impugned order dated 03.03.2021 passed by Civil Judge Class-I, Jaisingh Nagar, Shahdol in Civil Suit No.RCSA/43-A/2019 to Signature Not Verified SAN

Digitally signed by SUSHEEL KUMAR JHARIYA Date: 2021.08.27 17:34:42 IST 3 MP-1499-2021 the extent it rejects the application under Order 6 Rule 17 of CPC is set aside. Instant amendment application is allowed. The Court below shall proceed from that stage in accordance with law.

The petition stands allowed and disposed of. C.C. as per rules.

(RAJENDRA KUMAR (VERMA)) JUDGE

SJ

Signature Not Verified SAN

Digitally signed by SUSHEEL KUMAR JHARIYA Date: 2021.08.27 17:34:42 IST