Civil Procedure Code, 1908—Order 6 Rule 17—The petitioner-defendant challenged the order permitting the amendment of the plaint under Order 6 Rule 17 of the Civil Procedure Code (CPC)—The respondents-plaintiffs sought to amend the plaint to add parties and clarify amounts due—The petitioner contended that the amendment introduced new issues of limitation and the addition of new parties would prejudice their defense—However, the court found that the amendment was sought at an early stage of the proceedings, prior to the commencement of evidence, and did not cause injustice or irreparable prejudice—It was further held that the amendment did not alter the fundamental nature of the suit, but only aimed to clarify and adjust parties and amounts—The court also ruled that the issues of limitation and new...

Civil Procedure Code, 1908 (CPC)—Order 6 Rule 17—The High Court of Judicature in Bombay, Nagpur Bench, Nagpur, has allowed an application under Article 227 of the Constitution by setting aside an order dated 7th July, 2020, which allowed an amendment of the plaint of the appellants—The appellants filed an application seeking review of the judgment and order, which was rejected by an order dated 21st April, 2023—The High Court accepted the claim of the first respondent firstly by proceeding on the bare terms of Order VI, Rule 17 of the Code of Civil Procedure—The court held that the amendment should have been disallowed by the trial court since the trial had commenced and the appellants had failed to satisfy the court as to why the amendment was not sought before commencement of the trial—The court ruled...

Civil Procedure Code, 1908 (CPC)—Order 6 Rule 17—The defendants filed a revision challenging the trial court’s order dated 26th September 2022, allowing amendments to the plaintiffs' plaint—The plaintiffs sought to amend the plaint by correcting typographical errors and clarifying the relief sought, particularly in the prayer clause, without altering the nature of the suit—The defendants contended that the amendments would change the nature of the suit and lead to a shift in the case’s foundation—The trial court, however, allowed the amendments, reasoning they were necessary for a just decision—Relying on Order VI Rule 17 of the CPC, the court emphasized that amendments should be permitted if they are essential for resolving the real dispute between the parties and do not cause injustice...

Civil Procedure Code, 1908 (CPC)—Order 6 Rule 17—The case of tenant-petitioners challenging the Rent Controller's order allowing amendments to an ejectment application filed by landlord-respondents, the Court upheld the amendment—The landlord sought to add a new ground for eviction, citing the tenant's acquisition of an adjacent property sufficient for their needs—The tenant argued that the amendment was irrelevant to the eviction proceedings, belated, and that the Rent Controller lacked jurisdiction due to the premises' municipal ownership—The Court found no merit in these claims, stating that amendments are permissible under Order 6 Rule 17 CPC for effective adjudication, especially when the trial is at an initial stage—The Court emphasized that the new ground's validity would be deter...

Amendment of pleading. Code of Civil Procedure, Order 6 Rule 17—Amendment of pleading in the partition suit between siblings—Appeal by the defendant to impugn the judgement which allowed amendment of plaint—The plaintiff filed an application under Order VI Rule 17 read with Section 151 CPC seeking amendment of her plaint to add a list of movable properties in the property sought to be partitioned as part of the suit, as also questioned the genuineness of the Will—By way of the amendment, what is sought to be done is, to question the validity of the Will, on the basis of which, the defendant sought to have the suit dismissed, while also expanding the scope of adjudication of the suit to include movable property—It has to be then, demonstrated that—(a) determination of the genuineness of the Will ...

(A) Civil Procedure Code, 1908—Order 1 Rule 10 and Order VI Rule 17—Amendment of plaint—Partition suit, necessary parties—The relevant paragraphs of the application seeking amendment of the plaint are reproduced hereunder: "That, due to over sight and by mistake the Plaintiff was unable to sought relief declaration of decree as null and void and unable to pay required court fee some unavoidable circumstances and the proposed amendment is very essential for deciding the matter in dispute—That, if the proposed amendment is allowed no prejudice will be cause to the other side, on the other hand if it is not allowed then the deponent will be put to great loss and will also leads multiplicity of litigations—Hence it is just and proper to allow the proposed amendment to meet the ends of justice."(si...

Amendment in plaint—Hindu Marriage Act, 1955—Section 9—Protection of Women from Domestic Violence Act, 2005—Section 12—Code of Criminal Procedure, 1973—Section 125—Constitution of India, 1950—Article 227—Code of Civil Procedure, 1908—Order VI, Rule 17—Amendment in plaint—Application for—Allowed by trial Court—Petitioners challenges the order—Legality—Determination of—Supreme Court in judgment of Life Insurance Corporation of India v. Sanjeev Builders Pvt. Ltd. and another, (2022) SCC OnLine SC 1128 had categorically held that where there are clarificatory amendments, Court should ordinarily allow and it can always grant an opportunity to defendants in such cases to file their amended written statements taking all objections and grounds an...

Civil Procedure Code, 1908—Order VI Rule 17—Amendment of Pleadings—Due Diligence Requirement—Scope and Limitations—In this case, the petitioner (plaintiff) sought amendment of the plaint under Order VI Rule 17 of CPC after completion of trial, based on the Court Commissioner’s report indicating a larger extent of encroachment (30 guntas) than initially claimed (20 guntas)—The trial court dismissed the application on grounds of delay and lack of due diligence—On appeal, the High Court set aside the order, emphasizing that the merits of the proposed amendment cannot be considered at the stage of application—It held that the amendment was essential for adjudicating the core issue of encroachment—The court clarified that questions of limitation and other contentions remain open for d...

Civil Procedure Code, 1908, Order 6 Rule 17 proviso and The Protection of Women from Domestic Violence Act, 2005, Sec.12 and the Constitution of India, 1950, Article 227 — Prohibitory injunction restraining the respondents (husband and in-laws) from forcibly evicting her (wife) and her minor son from the house in the petition schedule property — Decree of — Petition for — Amendment sought in — Rejection of, by the Family Court — Legality of — While considering whether an application for amendment should or should not be allowed, the court should not go into the correctness or falsity of the case in the amendment — All amendments of pleadings to be allowed which being necessary for determination of the real controversies in the suit — But, such amendment shall not alter or substitute a ...

Civil Procedure Code, 1908—Order 6, Rule 17—Rajasthan Rent Control Act, 2001—Section 21—Amendment of plaint—Eviction petition—Case related to eviction under the Rajasthan Rent Control Act, 2001, the court allowed the amendment of the plaint as it didn't change the nature of the case and was relevant to determine subletting and alternative accommodation—The court permitted the addition of facts obtained recently from a state department—This decision was made without causing prejudice to the respondent. ...

Civil Procedure Code, 1908—Order 6, Rule 17—Special Court's rejection of a plaint amendment application is set aside by a higher court, emphasizing that delay alone is not a valid ground for refusal of such amendments. The court underscores that the merit of the amendment is not within the scope of consideration, and the primary concern is whether the proposed amendment is essential for resolving the actual dispute between the parties. The ruling establishes that the necessity for deciding the real controversy guides the decision on plaint amendments, thereby allowing the application for amendment and emphasizing the limited scope of considerations in such matters." ...

Civil Procedure Code, 1908 (CPC)—Order 6, Rule 17—Application seeking an amendment to the plaint, which was confirmed by the High Court—The proposed amendments aimed to correct omissions and mistakes in the original plaint, based on incorrect advice by previous counsel—The courts viewed the amendments as belated and changing the nature of the suit—However, the Supreme Court held that the proposed amendments were not impermissible, as they did not introduce a new cause of action or seek a new relief—The court emphasized the undisputed Agreement as the foundation for the claim and allowed the amendments, except for a specific portion—The appellants were directed to pay costs to the respondents for the latches—The appeal was allowed. ...