Monday, 23 January 2023

Whether the court can allow amendment of plaint to correct four boundaries of suit property after commencement of trial?

True it is that the plaintiffs have sought to

completely alter the boundaries of the suit property in

all four directions by amending the plaint. The

amendment was opposed on the ground that the

plaintiffs were trying to fill up serious lacuna in their

case. Be that as it may. Trial in the suit is yet to

progress. In such a case, plaintiffs would be at liberty

to correctly describe the suit property by removing any

error. The trial court has not committed any error while

allowing amendment application by imposing costs.

Petition is devoid of any merits. Petition stands

dismissed without any order as to costs. {Para 3}

IN THE HIGH COURT OF JUDICATURE AT BOMBAY

BENCH AT AURANGABAD

950 WRIT PETITION NO.7826 OF 2022

MUNICIPAL CORPORATION Vs SABIYA SULTANA MOHAMMAD HUSSAIN BABA MASTAN AND OTHERS

CORAM : SANDEEP V. MARNE, J.

Dated : November 25, 2022


1. By this petition, petitioner assails the order dated

28.1.2022 passed by the Civil Judge, S.D. (Corporation

Court), Aurangabad on application exhibit 95, thereby

allowing the amendment in the plaint.

2. Suit is filed by the plaintiff for mandatory and

perpetual injunction for demolition of the suit property.

Boundaries of the suit were described in paragraph no.1

of the plaint. By filing amendment application dated

24.11.2021, plaintiff sought to correct the description of

the suit property by alteration of the boundaries.

Application has been allowed by the trial court.


3. True it is that the plaintiffs have sought to

completely alter the boundaries of the suit property in

all four directions by amending the plaint. The

amendment was opposed on the ground that the

plaintiffs were trying to fill up serious lacuna in their

case. Be that as it may. Trial in the suit is yet to

progress. In such a case, plaintiffs would be at liberty

to correctly describe the suit property by removing any

error. The trial court has not committed any error while

allowing amendment application by imposing costs.

Petition is devoid of any merits. Petition stands

dismissed without any order as to costs.

( SANDEEP V. MARNE, J. )


Print Page

No comments:

Post a Comment