Friday, 13 November 2020

Whether the court can remand the case in civil revision if the subsequent event is brought on record by amendment?

 Indeed, the court can allow the parties to amend the pleadings at any stage of the proceedings. Those amendments must be necessary for the court to determine the questions in controversy between the parties. This liberal provision underwent an amendment in 2002. So the earlier Maharashtra-specific State Amendment of 1983, I reckon, now may not stand in the way. Then, with the Central Amendment, the limitation on amending the pleadings is this: there should be no amendment once the trial has commenced. But there is an exception: if the court concludes that despite due diligence, the party could not have raised the matter before the commencement of trial. And that includes the subsequent developments.


23. For the court to appreciate the later developments, they should be brought on record through amendment. Once the pleadings are amended, the later developments become part of the record. Then, based on the gravity, the appellate court or even the revisional court may remand the matter.

 IN THE HIGH COURT OF BOMBAY

Civil Revision Application No. 497 of 2016

Decided On: 06.09.2019


Rukminibai Motiram Kshirsagar  Vs.  Manoramabai Mallikarjun Bagale


Hon'ble Judges/Coram:

Dama Seshadri Naidu, J.

Citation: 2020(2) MHLJ 756,MANU/MH/2504/2019

Read full Judgment here: Click here

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