Patna High Court Clarifies Commencement of Trial under Order VI Rule 17 CPC in Land Dispute Case

In a recent judgment, the Patna High Court shed light on the interpretation of the commencement of trial under Order VI Rule 17 of the Civil Procedure Code (CPC) in the context of a land dispute case. The court’s decision came in response to a writ petition filed to challenge an order passed by the learned Munsif in Title Suit No. 182 of 2016.

The petitioner, who was the plaintiff in the trial court, sought to make amendments to the plaint under Order VI Rule 17 CPC, citing subsequent events. These amendments included bringing on record the act of the defendants in dispossessing the plaintiff from the suit property, seeking relief for recovery of possession, and requesting a change in the boundary.

The petitioner argued that the proposed amendments would not alter the nature of the suit, emphasizing that the trial was still at an initial stage with only issues framed. On the other hand, the respondents contended that the proposed amendments would indeed change the nature of the suit, as they included deletion of certain words and terms and sought new relief.

Upon considering the arguments, the Patna High Court clarified that the commencement of trial under Order VI Rule 17 CPC must be understood in a limited sense. It encompasses the final hearing of the suit, examination of witnesses, filing of documents, and adducing of arguments. Since only issues had been framed in the present case and the trial had not commenced in the limited sense mentioned, the court held that allowing the amendments at this stage would not prejudice the respondents.

Furthermore, the court emphasized the importance of avoiding unnecessary multiplicity of litigation. It noted that the suit was initially filed for a declaration of title over the suit property, and the subsequent dispossession of the plaintiff by the defendants necessitated the proposed amendments.

In its decision, the Patna High Court allowed the petition, setting aside the order passed by the learned Munsif in Title Suit No. 182 of 2016. This ruling provides clarity on the interpretation of the commencement of trial under Order VI Rule 17 CPC and underscores the importance of considering the stage of proceedings before allowing amendments to the pleadings.

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