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Amendments in Pleading can be allowed at the any stage of the case but there are certain conditions to be fulfilled – High court of Patna

TITLE-Abdush Shakur Vs Ganga Prasad Thakur

Decided on-18/12/2023

+C.Misc 674/2017

CORAM-HON’BLE JUSTICE ARUN KUMAR JHA

FACT

As the petition has been filed by the petitioner against the order passed by the learned Munsiff in title suit by which the learned court below rejected the amendment petition filed by the petitioner on 11/08/2016.As the petitioner filed before the learned Munsiff seeking relief of direction to the defendant/ Respondent to hand over the original registration receipt and the original sale deed for the suit land which the plaintiff agreed to purchase for consideration amount Rs 14000/ from the defendant.The plaintiff paid Rs 6000/ before the registration of the sale Deed and rest amount was to paid later on.The Registration of sale-deed was made on 10/08/1998 and thereafter the plaintiff paid 8000 to the defendant and asked for original registration receipt but defendant said it got misplaced.Then plaintiff called for a Panchayati and panchas decided to give RS 1000/ more to the defendant but still the defendant did not handover the original receipt to the plaintiff but defendant appears and contested the claim of the plaintiff but defendant refused the sale price of the suit land Rs 14000/ and claimed Rs 30000/ against which Rs 6000 was paid.The panchas decided to return Rs 6000 to the plaintiff with direction to execute the deed if cancellation Sale- Deed dated 10/08/1998.Where the defendant refund the amount to the petitioner and cancelled the deed in 10/01/2000.

Law Involved/Legal Provisions

For the amendment of the petition order 7 Rule 17 .

Issue framed

Whether the order passed by the learned Munsiff by Dismissing the amendment petition is valid?

THE COURT ANALYSIS AND DECISION

As per the Hon’ble court after hearing both the parties observed and state that the first amendment sought to be brought on record is regarding declaration of a document which was of the year 2000. It is circumventing the limitations through back doors.Amendments in pleading can be allowed at any stage but there are certain conditions.As aforementioned and circumstances the court do not find any merit in the instant petition and accordingly the petition is dismissed.

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Written by- Prachee 

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