Heera Singh S/O Late Shri Maidhan vs Parvati Devi W/O Late Amar Singh
2021 Latest Caselaw 3999 Raj/2

                                            HIGH COURT OF JUDICATURE FOR RAJASTHAN
                                                        BENCH AT JAIPUR

                                                   S.B. Civil Writ Petition No. 9035/2021

                                    Heera Singh S/o Late Shri Maidhan
                                                                                                      ----Petitioner
                                                                       Versus
                                    Parvati Devi W/o Late Amar Singh
                                                                                                    ----Respondent

For Petitioner(s) : Mr. Surendra Kumar Bhudania.

For Respondent(s) :

HON'BLE MR. JUSTICE SANJEEV PRAKASH SHARMA

Order

25/08/2021 Counsel for the petitioner relies on the judgment passed by the Supreme Court in Varun Pahwa vs. Renu Chaudhary reported in (2019) 15 SCC 628 to submits that it is well settled that amendment in the pleadings cannot be refused merely because of some mistake, negligence, inadvertence or even infraction of the rules of procedure. The Court also gives leave to amend the pleadings even if a party is negligent or careless as the power to grant amendment of the pleadings is intended to serve the ends of justice and is not governed by any such narrow or technical limitations.

Counsel for the petitioner submits that application under Order 6 Rule 17 CPC was wrongly rejected.

Issue notice of the writ petition as well as the stay application, returnable by 20.10.2021.

In the meanwhile, further proceedings shall remain stayed. List this case on 20.10.2021.

(SANJEEV PRAKASH SHARMA),J

Preeti/134

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