WPMS/2633/2025
2025 Latest Caselaw 4410 UK

Uttarakhand High Court

WPMS/2633/2025 on 18 September, 2025

Author: Pankaj Purohit

Bench: Pankaj Purohit

                Office Notes,
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                                  WPMS No.2633 of 2025
                                  Hon'ble Pankaj Purohit, J.

Mr. Neeraj Garg, learned counsel for the petitioner.

2. Mr. Sagar Kothari, learned counsel for the respondent No.2.

3. Supplementary affidavit filed by the petitioner is taken on record. Misc. Application (IA/2/2025) made therefor, is allowed.

4. By means of the present writ petition, the petitioner has put to challenge the impugned judgment and order dated 16.04.2024 passed by learned Civil Judge (Sr. Div.), Rishikesh in Original Suit No.54 of 2022 Ashok Mathur Vs. Subhash Mathur and Others, whereby, the application Paper No.41A under Order 6 Rule 17 CPC filed by petitioner-plaintiff for amendment in plaint has been dismissed, as well as the impugned judgment and order dated 19.08.2025 passed by learned First Additional District Judge, Rishikesh in Civil Revision No.14 of 2024 Ashok Mathur Vs. Subhash Mathur and Others, whereby, the said revision was also dismissed.

5. Learned counsel for the petitioner submits that both the learned Court below misdirected itself and misconstrued the contents of the amendment application filed by the petitioner and acted beyond the scope of their jurisdiction. The finding recorded by learned Courts below are absolutely perverse and beyond the contents of the amendment application and is outcome of misreading the contents of amendment application.

6. He further submits that by way of proposed amendment nature of the suit was not proposed to be changed or altered. Learned Courts below failed to appreciate the scope, ambit and spirit of provisions of Order 6 Rule 17 CPC, while passing the impugned judgments and orders.

7. Having heard the learned counsel for the petitioner, this Court thinks that the matter requires some deliberation.

8. Learned counsel for respondent No.2 prays for and is granted four weeks' time to file counter affidavit.

9. Put up on 06.11.2025.

10. Till the next date of listing, entire proceedings of Original Suit No.54 of 2022 Ashok Mathur Vs. Subhash Mathur and Others, pending before the Court of learned Civil Judge (Sr. Div.), Rishikesh, Dehradun, shall remain stayed.

11. Stay application (IA/1/2025) stands disposed of.

(Pankaj Purohit, J.) 18.09.2025 PN