The Court may at any stage of the proceedings allow both 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 question 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.

2) As a general rule, leave to amend will be granted so as to enable the real question in issue between parties to be raised in pleadings, where the amendment will occasion no injury to the opposite party and can be sufficiently compensated for by costs or other terms to be imposed by the order.

3) .Leave to amend will be refused where the application for amendment is not made in good faith. The leave to amend is to be refused if the applicant has acted mala fide.

if the two mutation numbers pertain to the same sale deed/land then the authority will have to cancel either one of them

the authority could not have issued 2 mutation numbers for same land

this appears to be not only fraud by the opposite party but also by authority

both appear to be hand in gloves

authority ought to have checked that for the same sale deed presented to it, already a mutation number has been assigned earlier and a second mutation number and acceptance of rent under both numbers is wrong

so i suggest in the revision petition, take out a notice of motion to bring this fact on record and also make the authority which assigned the two mutation numbers, a party respondent in your motion, to clarify to the court the correct stance pertaining to the mutation number of the land 

you will also need to pray for cancellation of the other mutation number, other than the one which was ordered to be cancelled by the lower court

See if in the revision petition the amendment is allowed then in that case you can file your reply with respect to the amendment filed by the revision petitioner the opposite party. 

The court has power to allow the amendment see in case the evidence is already submitted then in that case also court can further grant you opportunity to summit more evidence in respect to amendment further see it is discretionary power of court when the case is at this stage court can simple reject the amendment application.

Dear Client,

Revision is filed against the mutation no.174/2003-04, so jurisdiction of revision court is limited to this no. only. And court will permit amendment as typographical error/mistake of fact.

The appellate court cannot entertain amendment petition in the revision petition.

The appellate or revision court cannot go beyond the revision presented before it.

If at all the appellant would like to add an amendment to the existing petition, he may have to approach the lower court only, whereas the lower court has already dismissed the petition, hence the revision petitioner has to seek to set aside the dismissal order by the lower court and then he can file an amendment petition once the revision court has set aside the dismissal order.

Bijendra Nath Srivastava

vs

Mayank Srivastava on 10 August, 1994

In this case the amendment will not be accepted as this will change the nature of the whole matter. 

On the basis of the information no decisions can be cited.

To determine the applicability of the decisions the contents of the amendment petition and your objections needs to be seen first.

1. The Court order he challenged is in connection with the mutation number 174/2003-04.

2. The appellant can be allowed to amend his petition at any time by the Court before the trial starts, without changing the nature anhd character of the appeal.