commencement of trial Archives

Omission to claim mesne profits in ejectment suit can be cured by amendment before framing of issues: J&K and Ladakh HC declines interference under Art. 227

The petition challenged the Trial Court’s order allowing the plaintiff to amend the plaint under Order VI Rule 17 CPC to include a claim for mesne profits at the rate of ₹50,000 per month.

Case Briefs High Courts

‘Necessary to determine real conflict between parties’; Patna HC sets aside order refusing to amend pleadings after commencement of trial

The Court stated that if the amendment was not allowed it would lead to unnecessary multiplicity of litigation, as the amendments appeared to be necessary to determine the real controversy between the parties.