VISHAL KUMAR Vs. SUMAN RANI

JUDGEMENT

(1.) Impugned herein is an order dtd. 5/7/2025 (Annex.6) passed by learned Additional District Judge, Sangariya, District Hanumangarh, in Civil Original Suit No.16/2021, vide which, the application filed by the petitioner (plaintiff) under Order 6 Rule 17 CPC seeking amendment in the plaint, was rejected.

(2.) Brief facts first. The plaintiff (petitioner herein) had filed a civil suit for pre-emption in relation to Plot No.150, situated in Ward No.5, Sangariya, adjacent to Plot No.151 owned by the petitioner. In the original plaint, it was stated that the Petitioner's Plot No.151 and the disputed Plot No.150 are adjoining plots with a common boundary wall. Due to typographical error and inadvertent omission, a material fact was left out from paragraph 5 of the plaint-namely, that the main entrance of the Petitioner's house opens into Plot No.150 and the said plot has also been occasionally used as a passage by Defendant No. 1.

(3.) Learned counsel for the petitioner argues that the order dtd. 5/7/2025 by the learned Trial Court is legally unsustainable, as it disregards the principles of Order VI Rule 17 CPC, which grants courts wide discretion to allow amendments to pleadings at any stage to resolve the real controversy.