Case Note & Summary
The dispute arose between two members of a cooperative society regarding a plot of land in Delhi, which was jointly allotted to them. After partitioning the plot, both parties constructed their respective properties. The respondent filed a suit in 1986 for mandatory injunction against the appellant, alleging encroachment on a common driveway. The appellant sought to amend her written statement in 2004 to include a partition agreement dated 10.09.1982, claiming it was discovered after her son's death. The High Court set aside the trial court's order allowing the amendment, leading to the present appeal. The court analyzed whether the amendment application was filed in good faith and whether due diligence was exercised. It noted that the appellant had not mentioned the agreement in her original written statement and had delayed the amendment application for 18 years. The court found that the appellant's explanation for the delay was insufficient and that the amendment would prejudice the respondent. Ultimately, the Supreme Court dismissed the appeal, agreeing with the High Court's decision and directing the trial court to resolve the underlying suit within three months without being influenced by the observations made in this judgment.
Headnote
A) Civil Procedure - Amendment of Pleadings - Due Diligence - Code of Civil Procedure, 1908, Order VI Rule 17 - The court emphasized that amendments should be allowed liberally unless they alter the character of the action or cause injustice. The appellant's delay in filing the amendment application after 18 years was deemed unjustifiable, as no due diligence was shown in raising the matter earlier. Held that the High Court's decision to reject the amendment application was correct (Paras 11-14).
Issue of Consideration
Whether the application for amendment of the written statement was bonafide and sustainable at the stage of trial.
Final Decision
The Supreme Court dismissed the appeal, agreeing with the High Court's decision to reject the amendment application due to lack of due diligence and the inordinate delay in filing it.
Law Points
- Amendment of pleadings
- due diligence
- mandatory injunction
- encroachment
- forged documents
