Authority: High Court of Sikkim, Single Bench (Justice A. Muhamed Mustaque, Chief Justice)

Order Date: 19.08.2026

Case Overview

  • Petition: WP(C) No.44 of 2025 filed by Shri Umesh Agarwal (Petitioner) against Shri Mahesh Agarwal and Sikkim Industrial Development and Investment Corporation Ltd. (SIDICO) (Respondents).
  • Background: The petition challenges an order dated 14.05.2025 passed by the Learned Principal District Judge, Gangtok in Title Appeal No.03 of 2021, which dismissed the suit and the application for amendment of the appeal memorandum and plaint.
  • Relief Sought: The petitioner sought permission to amend the memorandum of appeal and the plaint at the appellate stage.
  • Legal Question: Whether an amendment application can be entertained at the appellate stage and whether the district court’s dismissal of such an application was proper.
  • Court’s Reasoning: The Court observed that amendment applications at the appellate stage may be considered together with the final hearing of the appeal. If the appellate court deems amendment necessary, it can decide accordingly. The Court emphasized that it is not addressing the merits of the underlying dispute, only the procedural propriety.

Final Outcome

  • The High Court set aside the impugned order dated 14.05.2025, directing that the amendment application be considered along with the appeal.
  • The matter is left to the Appellate Court to decide whether the amendment can be allowed.
  • With liberty granted to the appellate court, WP(C) No.44 of 2025 stands disposed of.

Topics: Legal Procedure, Appeal Amendment