P&H: Rejects Bid to Amend Replication in Property Suit, Says New Facts Must Be Pleaded in Plaint

punjab-haryana
⚖️ Order Date: 11 Aug 2026
Headnotes

(i) Civil Procedure Code, 1908, O6.R.17 — Amendment of Replication — Genuineness or fabrication of agreement to sell, was matter to be decided on evidence — An assertion in replication that the document is genuine was not required to be made. (Para 6)

(ii) Civil Procedure Code, 1908, O6.R.17, O.8.R.9 — Amendment of Replication — Facts relating to an alleged loan transaction and complaint made to police could not be added by way of amendment of replication — Allowing such amendment would be in violation of principles of...


Facts of the Case

P&H: Rejects Bid to Amend Replication in Property Suit, Says New Facts Must Be Pleaded in Plaint

The Punjab and Haryana High Court has dismissed a civil revision filed by Sanjeev Kumar challenging the refusal of a trial court to allow amendment of his replication in a civil suit. The petition arose from a dispute over an agreement to sell dated 23 August 2022.

Sanjeev Kumar had sought to amend his replication to add fresh averments, including that the agreement was genuine, that the defendant had also borrowed money from him for household purposes, and that Rs. 3,15,000 had already been repaid. He also wanted to mention a complaint made to the Senior Superintendent of Police, Bathinda.

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