Puneet Kumar vs Sanjay Kumar & Others on 6 August, 2026

    0
    10
    ADVERTISEMENT

    Himachal Pradesh High Court

    Puneet Kumar vs Sanjay Kumar & Others on 6 August, 2026

    Author: Virender Singh

    Bench: Virender Singh

                  1               2026:HHC:33181
    
    
                IN THE HIGH COURT OF HIMACHAL PRADESH
                           AT SHIMLA
    
                                         CMPMO No. 552 of 2025
    
                                         Decided on: 6.8.2026
    
    
    
    
                                                            .
        Puneet Kumar
    
    
    
    
    
                                               ... Petitioner
                                Versus
    
    
    
    
    
        Sanjay Kumar & others
                                             ...Respondents
        _____________________________ ______________
    
    
    
    
                                   of
        Coram
        Hon'ble Mr. Justice Virender Singh, Judge
    

    Whether approved for reporting?

    ___________________________________________________
    rt
    For the Petitioner: Mr. Abhilaksh Grover,
    Mr.Kirpal Singh Thakur and

    SPONSORED

    Mr. Pawan Gautam,
    Advocates.

    
        For the Respondents :   Mr.     Suryabhan     Singh,
                                Advocate vice Mr. Atharv
    
    
    
                                Sharma,     Advocate,    for
                                respondent No. 1.
    
    
    
    
                                Name of respondent No. 2
                                stands deleted.
    
    
    
    
    
                                None for respondent No. 3.
               Virender Singh, Judge (oral)
    
    
    
    
    
    

    Petitioner Puneet Kumar has filed the present

    petition, under Article 227 of the Constitution of India,

    against the order dated 25.8.2025, passed by the Court

    of learned Civil Judge, Jawali, District Kangra, H.P.

    ::: Downloaded on – 09/08/2026 21:38:25 :::CIS
    2 2026:HHC:33181

    (hereinafter referred to as ‘the trial Court’), in case No.

    74 of 2011, titled as, ‘Sanjay Kumar versus Puneet

    Kumar & others‘.

    .

    2. By way of order dated 25.8.2025, the learned

    trial Court has dismissed the application for amendment

    of the written statement, filed under Order 6 Rule 17

    CPC, read with Section 151 CPC.

    of

    3. For the sake of convenience, parties to the lis are

    referred to, in the same manner, in which, they were
    rt
    referred to, by the learned trial Court.

    4. Necessary facts, as borne out from the plaint,

    annexed with the petition, may be summed up, as

    under:

    Plaintiff Sanjay Kumar has filed the suit for

    declaration against the defendants, to the effect, that

    plaintiff and proforma defendant, by virtue of registered

    Will dated 5.3.2011, registered as reference No.

    208/2011 and registration No. 40/2011 in the office of

    Sub-Registrar, Fatehpur are joint owner in possession

    with the defendants to the extent of 1/4 th share of the

    ::: Downloaded on – 09/08/2026 21:38:25 :::CIS
    3 2026:HHC:33181

    land, described in the head note of the plaint

    (hereinafter referred to as ‘the suit land’).

    5. The said suit was contested by the defendants by

    .

    filing written statement. Thereafter, the issues were

    framed and the plaintiff was directed to adduce evidence.

    After closure of evidence, when, the case was listed for

    DWs, then, defendants No. 1 and 2 filed the application,

    of
    under Order 6 Rule 17 CPC.

    6. By way of application, filed under Order 6 Rule
    rt
    17 CPC, defendants No. 1 and 2 sought indulgence of

    the learned trial Court to amend the written statement

    and in para-3 of the written statement, after words

    “deceased Prakash Chand” and before “Suit deserves

    dismissal”, the following lines have been sought to be

    added:

    “That the plaintiff has categorically stated in the present
    paragraph that the deceased had executed the alleged
    Will while being in a sound and disposing state of mind

    and health. However, in contradiction to this claim, the
    plaintiff, while deposing as DW-1 in the cross-suit titled
    Puneet vs. Sanjay, C.S. 30 of 2012, admitted that the
    deceased was a patient of asthma. By acknowledging that
    the deceased was suffering from asthma, the plaintiff has,
    in effect, supported the version of Defendant Nos. 1 and

    ::: Downloaded on – 09/08/2026 21:38:25 :::CIS
    4 2026:HHC:33181

    2, thereby further reinforcing the contention that the Will
    in question is forged and fabricated.”

    7. The said amendment, according to the

    defendants, necessitated, on the ground, that the

    .

    plaintiff, while appearing in the witness box as DW-1, in

    Civil Suit No. 30 of 2012, titled as, ‘Puneet Kumar & anr.

    vs. Sanjay Kumar & others’, which was pending before

    the learned trial Court, has deposed that Prakash Chand

    of
    was, in fact, a patient of Asthma. The said deposition

    was allegedly recorded on 21.2.2025, whereas, the
    rt
    written statement, in the present case, has been filed on

    23.9.2011. As such, a prayer has been made to add the

    para, as reproduced above, in the written statement. The

    said amendment is also stated to be essential for proper

    adjudication of the real controversy, involved in the

    present case.

    8. Lastly, it has been pleaded that if the

    amendment, as prayed for, is not allowed, then,

    defendants No. 1 and 2 will suffer irreparable loss, which

    cannot be compensated in terms of money.

    9. This application has been contested by the

    plaintiff by taking preliminary objections that the

    ::: Downloaded on – 09/08/2026 21:38:25 :::CIS
    5 2026:HHC:33181

    application under Order 6 Rule 17 CPC for amendment

    of the written statement has already been dismissed by

    this Court and the same is repetition of the earlier one

    .

    and has been filed solely to delay the proceedings.

    Defendants No. 1 and 2 are also stated to be in the habit

    of filing such application to protract the litigation.

    10. The plaintiff has also highlighted the fact that

    of
    during the course of evidence of defendants, the present

    application is the 4th application. The application is also
    rt
    stated to be not maintainable. The written statement is

    stated to have been filed in the year 2011. Thereafter,

    the issues were framed.

    11. According to the plaintiff, after closure of

    evidence of the plaintiff, defendants have examined more

    than 9 witnesses.

    12. The application has also been contested on the

    ground that defendant had also filed application, under

    Order 8 Rule 1(A) CPC for production of copy of

    statement of Sanjay Kumar, recorded in case titled as

    ‘Puneet Kumar versus Sanjay Kumar‘, which has already

    been dismissed by the learned trial Court, on 16.6.2025.

    ::: Downloaded on – 09/08/2026 21:38:25 :::CIS

    6 2026:HHC:33181

    According to him, by way of present application, the

    same material has been sought to be introduced, in the

    pleadings. As such, a prayer has been made to dismiss

    .

    the application.

    13. Defendants No. 1 and 2 have filed rejoinder,

    denying the preliminary objections, re-asserting the

    stand, as taken in the application.

    of

    14. As stated above, the learned trial Court has

    dismissed the application, vide order dated 25.8.2025
    rt
    and the said order has been assailed before this Court.

    15. Heard.

    16. The proposed amendment is stated to be based

    upon the deposition made by the plaintiff, while

    appearing as DW-1, in another Civil Suit No. 30 of 2012,

    titled as, ‘Puneet Kumar & anr. versus Sanjay Kumar

    and others’. It seems that the statement allegedly made

    by the plaintiff, in the earlier suit, is being incorporated

    in the written statement, whereas, in the written

    statement filed by defendants No. 1 and 2, this fact has

    already been incorporated, in para-3 of the written

    ::: Downloaded on – 09/08/2026 21:38:25 :::CIS
    7 2026:HHC:33181

    statement. Relevant portion of the written statement is

    reproduced as under:

    “It is also incorrect that the plaintiff and the performa

    .

    defendant ever served the deceased or that he was happy

    with their services. It is specifically denied that the
    alleged Will was ever executed by the deceased. Besides
    this the deceased was suffering from Asthma and was not

    in a fit condition physically and mentally to execute any
    document. The alleged Will is full of suspicious
    circumstances specifically when the decesed died on the

    of
    next day of the alleged execution of the alleged Will i.e.
    6.3.2011 and was thus not in a fit condition to execute
    the alleged Will. In fact the alleged Will has been
    rt
    manipulated to grab the property of deceased in
    connivance with witnesses who are closely related to

    plaintiff and performa defendant. Besides this there is no
    local witness of the village of deceased Prakash Chand.
    Suit deserves dismissal.”

    17. Learned counsel appearing for defendants No. 1

    and 2 could not satisfy the judicial conscience of this

    Court as to how a fact, which has already been

    incorporated in the written statement, requires any

    amendment, that too, on the basis of the deposition,

    made by the plaintiff, in some other suit.

    18. In this case, the prayer, so made by defendants

    No. 1 and 2, has been opposed by the plaintiff, on the

    ::: Downloaded on – 09/08/2026 21:38:25 :::CIS
    8 2026:HHC:33181

    ground, that the application is nothing, but to protract

    the trial, and this fact has already been taken into

    consideration by the learned trial Court, when,

    .

    contentions of the plaintiff have been taken into

    consideration, about the fact that issues were framed on

    13.1.2012 and the plaintiff has closed his evidence on

    19.1.2025. Defendants had availed 16 opportunities and

    of
    examined 10 witnesses. Thereafter, the application in

    question was filed.

    19. The
    rt application is totally silent about the

    reasons, why the application for amendment has not

    been filed, prior to the commencement of the trial.

    Moreover, deposition made by the witnesses is not

    required to be incorporated in the pleadings, as the same

    defence has already been taken by the defendants No. 1

    and 2, as reproduced above.

    20. Even otherwise, the defendants are before this

    Court, under Article 227 of the Constitution of India,

    where scope of interference is very limited.

    21. Hon’ble Supreme Court in “K. Valarmathi & Ors.

    Versus Kumaresan”, 2025 INSC 606″ has elaborately

    ::: Downloaded on – 09/08/2026 21:38:25 :::CIS
    9 2026:HHC:33181

    discussed the scope of interference under Article 227 of

    the Constitution of India. Relevant para 9 of the

    judgment, is reproduced, as under:

    .

    “Essence of the power under Article 227 being

    supervisory, it cannot be invoked to usurp the
    original jurisdiction of the court which it seeks to

    supervise. Nor can it be invoked to supplant a
    statutory legal remedy under the Civil Procedure
    Code, 1908. For example, existence of appellate

    of
    remedy under Section 96 of the Code operates as a
    near total bar to exercise of supervisory jurisdiction
    under Article 227.”

    22.
    rt
    In a recent decision in “Nandi Infrastructure

    Corridor Enterprises Ltd. & Anr. Versus B. Gurappa

    Naidu & Ors.”, 2026 INSC 434″, the scope of interference

    has again been explained by the Hon’ble Supreme Court.

    Relevant paragraph 35 of the judgment, is reproduced,

    as under:-

    “35. In short, the principles laid down in the above

    matters is as follows:

    a) The power of superintendence under Article 227

    is not to be exercised unless there has been an (a)
    unwarranted assumption of jurisdiction, not vested
    in Court or tribunal, or (b) gross abuse of
    jurisdiction or (c) an unjustifiable refusal to
    exercise jurisdiction vested in Courts or tribunals.

    b) It is also well settled that the High Court while
    acting under this. Article cannot exercise its power

    ::: Downloaded on – 09/08/2026 21:38:25 :::CIS
    10 2026:HHC:33181

    as an appellate court or substitute its own
    judgment in place of that of the subordinate court
    to correct an error, which is not apparent on the
    face of the record.

    c) The High Court exercising supervisory

    .

    jurisdiction does not act as a court of first appeal
    to reappreciate, reweigh the evidence or facts upon
    which the determination under challenge is based.

    Supervisory jurisdiction is not to correct every error
    of fact or even a legal flaw when the final finding is
    justified or can be supported. The High Court is

    of
    not to substitute its own decision on facts and
    conclusion, for that of the inferior court or
    rt tribunal.”

    23. Moreover, the application is totally silent about

    the ingredients of Order 6 Rule 17 CPC. The provisions

    of Order 6 Rule 17 CPC are reproduced as under:

    “Order VI

    Xx xx xx

    17.Amendment of pleadings
    The Court may at any stage of the proceedings allow either

    party to alter or amend his pleadings in such manner and

    on such terms as may be just, and all such amendments
    shall be made as may be necessary for the purpose of
    determining the real questions in controversy between the

    parties:

    Provided that no application for amendment shall be
    allowed after the trial has commenced, unless the Court
    comes to the conclusion that in spite of due diligence, the
    party could not have raised the matter before the
    commencement of trial.”

    ::: Downloaded on – 09/08/2026 21:38:25 :::CIS

    11 2026:HHC:33181

    24. By way of adding the proviso to Order 6 Rule 17

    CPC, the legislative intent is writ large to put a

    restriction, on the power of the Court, to allow the

    .

    application for amendment, as, prior to the

    commencement of the trial, it has been intended by the

    legislature, that the liberal approach should be adopted,

    as word ‘may’ has been used.

    of

    25. Law with regard to amendment has elaborately

    been discussed by Hon’ble Supreme Court in Life
    rt
    Insurance Corporation of India versus Sanjeev Builders

    Private Limited and anr., reported in (2022) 16 SCC 1.

    Relevant paragraphs 71 to 71.11 of the judgment are

    reproduced as under:

    71. Our final conclusions may be summed up thus:

    71.1 Order II Rule 2 CPC operates as a bar against a
    subsequent suit if the requisite conditions for application
    thereof are satisfied and the field of amendment of pleadings

    falls far beyond its purview.

    The plea of amendment being barred under Order II Rule 2

    CPC is, thus, misconceived and hence negatived.

    71.2 All amendments are to be allowed which are necessary
    for determining the real question in controversy provided it
    does not cause injustice or prejudice to the other side. This
    is mandatory, as is apparent from the use of the word
    “shall”, in the latter part of Order VI Rule 17 of the CPC.

    71.3 The prayer for amendment is to be allowed

    ::: Downloaded on – 09/08/2026 21:38:25 :::CIS
    12 2026:HHC:33181

    71.3.1 if the amendment is required for effective and proper
    adjudication of the controversy between the parties, and

    71.3.2 to avoid multiplicity of proceedings, provided

    (a) the amendment does not result in injustice to the
    other side,

    .

    (b) by the amendment, the parties seeking
    amendment does not seek to withdraw any
    clear admission made by the party which confers a
    right on the other side and

    (c) the amendment does not raise a time barred
    claim, resulting in divesting of the other side of a
    valuable accrued right (in certain situations).

    of
    71.4 A prayer for amendment is generally required to be
    allowed unless

    71.4.1 By the amendment, a time barred claim is sought to
    rt
    be introduced, in which case the fact that the claim would
    be time barred becomes a relevant factor for consideration,

    71.4.2 The amendment changes the nature of the suit,

    71.4.3. The prayer for amendment is malafide, or

    71.4.4. By the amendment, the other side loses a valid
    defence.

    71.5. In dealing with a prayer for amendment of pleadings,
    the court should avoid a hypertechnical approach, and is
    ordinarily required to be liberal especially where the

    opposite party can be compensated by costs.

    71.6. Where the amendment would enable the court to pin-

    pointedly consider the dispute and would aid in rendering a
    more satisfactory decision, the prayer for amendment
    should be allowed.

    71.7. Where the amendment merely sought to introduce an
    additional or a new approach without introducing a time
    barred cause of action, the amendment is liable to be
    allowed even after expiry of limitation.

    71.8 Amendment may be justifiably allowed where it is
    intended to rectify the absence of material particulars in the
    plaint.

    ::: Downloaded on – 09/08/2026 21:38:25 :::CIS

    13 2026:HHC:33181

    71.9. Delay in applying for amendment alone is not a
    ground to disallow the prayer. Where the aspect of delay is
    arguable, the prayer for amendment could be allowed and
    the issue of limitation framed separately for decision.

    71.10. Where the amendment changes the nature of the suit

    .

    or the cause of action, so as to set up an entirely new case,

    foreign to the case set up in the plaint, the amendment
    must be disallowed. Where, however, the amendment
    sought is only with respect to the relief in the plaint, and is
    predicated on facts which are already pleaded in the plaint,

    ordinarily the amendment is required to be allowed.

    71.11. Where the amendment is sought before
    commencement of trial, the court is required to be liberal in

    of
    its approach. The court is required to bear in mind the fact
    that the opposite party would have a chance to meet the
    case set up in amendment. As such, where the amendment
    does not result in irreparable prejudice to the opposite
    party, or divest the opposite party of an advantage which it
    rt
    had secured as a result of an admission by the party
    seeking amendment, the amendment is required to be
    allowed. Equally, where the amendment is necessary for the
    court to effectively adjudicate on the main issues in

    controversy between the parties, the amendment should be
    allowed. (See Vijay Gupta v. Gagninder Kr. Gandhi & Ors.,
    2022 SCC OnLine Del 1897)”.

    26. Judging the facts and circumstance of the

    present case in the light of decision of Hon’ble Supreme

    Court, in Sanjeev Builder’s Private Limited‘s case

    (supra), the learned trial Court has rightly doubted the

    bonafide of the defendants in moving the application

    under Order 6 Rule 17 CPC and the same has rightly

    been dismissed.

    27. In view of above, this Court is of the considered

    opinion that there is no occasion for this Court to

    ::: Downloaded on – 09/08/2026 21:38:25 :::CIS
    14 2026:HHC:33181

    interfere in the findings recorded by the learned trial

    Court. Consequently, the petition is dismissed. The

    pending application(s), if any, are also disposed of.

    .

    (Virender Singh)
    6.8.2026 Judge

    Kalpana

    of
    rt

    ::: Downloaded on – 09/08/2026 21:38:25 :::CIS



    Source link

    LEAVE A REPLY

    Please enter your comment!
    Please enter your name here