Case Note & Summary
The dispute arose from a suit filed by the original plaintiff, Sh. Babu, seeking to set aside a deed of sale executed by the 8th respondent, who was acting as a Power of Attorney holder. The original plaintiff alleged that the Power of Attorney was obtained through fraud and misrepresentation. Following the original plaintiff's death, his legal heirs sought to continue the suit, and the 8th respondent filed an application to amend her written statement. The trial court allowed the amendment, which led to a revision petition being filed by the appellant before the High Court. The High Court dismissed the revision, affirming the trial court's decision. The appellant contended that the 8th respondent should not be allowed to change her stance after initially seeking dismissal of the suit. The Supreme Court upheld the High Court's ruling, emphasizing that the amendment would not alter the fundamental issues of the case and would allow for a fair defense. The court also clarified that the amendments were permissible under the Code of Civil Procedure as the suit was filed prior to the introduction of the relevant proviso restricting such amendments. Ultimately, the appeal was dismissed without costs.
Headnote
A) Civil Procedure - Amendment of Pleadings - Permissibility of Amendment - Code of Civil Procedure, 1908, Order VI Rule 17 - The court allowed the amendment of the written statement by the 8th respondent, asserting that it would provide a fair chance for the defendant to defend the case. The court noted that the original plaintiff's legal representatives were brought on record and the amendment did not change the core issues of the case. Held that the amendment was justified to ensure fair trial (Paras 4-13).
Issue of Consideration
Whether the amendment of the written statement by the 8th respondent was permissible after the original plaintiff's death and the subsequent amendment of the plaint.
Final Decision
The Supreme Court dismissed the appeal, affirming the High Court's order which upheld the trial court's decision to allow the amendment of the written statement.
Law Points
- Amendment of pleadings
- Power of Attorney
- Fraud
- Misrepresentation
- Legal heirs
- Code of Civil Procedure
- 1908
