Patna High Court
Hardeo TiwariversusAshok Kumar Pandey
- Decided
- Disposal
- ALLOWED
- Bench
- S B P SINGH
Holding
The order dated 11‑03‑2025 rejecting the amendment petition is set aside as the amendment is necessary for proper adjudication.
Summary
The petitioner, Hardeo Tiwari, filed a title suit (No. 376 of 2024) seeking declaration of his right over land and to declare a sale deed as forged. After the suit was filed, the defendants did not appear, and the petitioner sought to amend the plaint under Order VI, Rule 17 of the Code of Civil Procedure to reflect a change in the nature of the land. The Sub‑Judge rejected the amendment petition on 11‑03‑2025. The petitioner appealed, arguing that the amendment is necessary for a complete adjudication and does not prejudice the defendants as no written statement has been filed. The High Court held that the Sub‑Judge’s rejection was erroneous and that the amendment is permissible. Consequently, the order dated 11‑03‑2025 was set aside and the petition for amendment was allowed.
Issues considered
- Whether the order rejecting the amendment of the plaint under Order VI, Rule 17 CPC is liable to be quashed
- Whether amendment of the plaint at the stage before framing of issues is permissible
Legislation cited
Subjects
- Amendment of plaint
- Civil Procedure Code
- Title suit
- Quash order
- Procedural law
Judgment
IN THE HIGH COURT OF JUDICATURE AT PATNA
CIVIL MISCELLANEOUS JURISDICTION No.916 of 2025
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Hardeo Tiwari Son of Late Shyamdeo Tiwari, Resident of Village and P.O-
Karwatahi Bazar, P.S.- Gopalpur, District- Gopalganj.
... ... Petitioner/s
Versus
1. Ashok Kumar Pandey Son of late Baidyanath Pandey, Resident of Village
and P.O.- Karwatahi Bazar, P.S.- Gopalpur, District- Gopalganj.
2. Manoj Tiwari Son of Late Shyamdeo Tiwari, Resident of Village and P.O.-
Karwatahi Bazar, P.S.- Gopalpur, District- Gopalganj.
... ... Respondent/s
======================================================
Appearance :
For the Petitioner/s : Mr.Pankaj Kumar Dubey
For the Respondent/s : Mr.
======================================================
CORAM: HONOURABLE MR. JUSTICE S. B. PD. SINGH
ORAL ORDER
2 27-02-2026 Despite issuance of notice, none appeared on behalf
of respondent/defendant.
2. The instant application has been filed for quashing
the order dated 11.03.2025 passed in T.S. No. 376 of 2024
passed by Sub-Judge VI, Gopalganj, whereby and whereunder
the learned Sub-Judge VI, quite erroneously rejected the petition
dated 19.09.2024 which has been filed under Order VI, Rule 17
of Code of Civil Procedure for amendment in plaint due to
change of the nature of the land in suit.
3. Learned counsel for the petitioner/plaintiff submits
that he has filed Title Suit No. 376 of 2024 for declaration of his
right and title over the suit land and also to declare that the sale
deed executed by defendant no. 2 in favour of defendant no. 1
Patna High Court C.Misc. No.916 of 2025(2) dt.27-02-2026
2/2
be declared as illegal, forged, fabricated and void ab initio. He
further submits that after filing of the suit, defendant did not
appear but he legally disposed the plaintiff for which he has
filed a petition for certain amendment in the plaint. He further
submits that issue has not been framed till date and it is
necessary to amend his plaint for proper and complete
adjudication of the suit. The above amendment shall not
prejudice the defendant in any manner because up till now W.S.
has not been filed.
4. So, keeping in view the aforesaid facts, the
proposed amendment in plaint appears to be necessary for
proper and complete adjudication of the suit, thus the impugned
order dated 11.03.2025 is set aside.
5. Accordingly, the present application stands
allowed.
(S. B. Pd. Singh, J)
Ankit Kumar/-
U
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