Case Note & Summary
The case involved an appeal against the High Court's rejection of an application for amendment of the plaint in a suit for specific performance of a contract for sale of agricultural land. The appellant, Puran Ram, had initially filed the suit in December 1997, claiming specific performance based on an agreement with the respondent, Bhaguram, for the sale of 25 bighas of land. The appellant had made a payment of Rs. 2,00,000, but the sale deed was not executed. The appellant later sought to amend the plaint to correct a mutual mistake in the description of the suit property. The trial court allowed the amendment, but the High Court reversed this decision, citing issues of limitation and a change in the nature of the suit. The Supreme Court examined the provisions of the Specific Relief Act, particularly Section 26, which allows for rectification of instruments in cases of mutual mistake. The court found that the amendment sought was merely a correction of the description and did not alter the nature of the suit. The court emphasized that the trial court had acted within its discretion in allowing the amendment and that the High Court should not have interfered. Ultimately, the Supreme Court restored the trial court's order, allowing the amendment and permitting the respondents to file their written statement. The appeal was allowed, and no costs were awarded.
Headnote
A) Civil Procedure - Amendment of Plaint - Permissibility of Amendment - Code of Civil Procedure, 1908, Order 6 Rule 17 - The court held that an amendment to correct a mutual mistake in the description of the suit property in a specific performance suit is permissible and does not change the nature of the suit. The trial court's discretion to allow such amendment was upheld, reversing the High Court's decision (Paras 1-16).
Issue of Consideration
Whether the High Court was justified in rejecting the application for amendment of the plaint in a suit for specific performance.
Final Decision
The Supreme Court set aside the High Court's order, restored the trial court's decision allowing the amendment of the plaint, and permitted the respondents to file their written statement.
Law Points
- Amendment of plaint
- Specific performance
- Limitation
- Rectification of instruments
- Mutual mistake
