Case Note & Summary
The petitioner, M/s. Wrangle Investment Limited, challenged the judgment and order dated 26 September 2019 passed by the Court of Small Causes at Bombay in Interim Notice No. 760 of 2002, which allowed the respondent-plaintiff to amend the plaint in T.E. & R. Suit No. 68/73 of 2001. The original suit was filed by Mr. Mahendra V. Shah, as proprietor of M/s. Mahendra Builders, against the petitioner and respondent no. 3 for eviction from commercial premises on the ground of sub-letting under Section 41 of the Presidency Small Causes Court Act. Mr. Shah died on 19 September 2001, shortly after filing the suit. On 16 February 2002, his wife and daughter filed an application to be brought on record as legal representatives. Subsequently, they sought amendment of the plaint to incorporate the fact of death and to substitute themselves as plaintiffs. The trial court allowed the amendment, which was challenged by the petitioner under Article 227 of the Constitution of India. The High Court held that the amendment was necessary for determining the real controversy between the parties, did not introduce a new cause of action, and was not barred by limitation. The court emphasized that pre-trial amendments should be liberally allowed and that no prejudice was caused to the petitioner. The petition was dismissed, and the amendment was upheld.
Headnote
A) Civil Procedure - Amendment of Pleadings - Order VI Rule 17 CPC - Pre-trial Amendment - The court considered whether amendment of plaint to incorporate death of original plaintiff and substitution of legal representatives was permissible before trial. Held that pre-trial amendments are to be liberally allowed to determine real questions in controversy, and no prejudice was caused to the defendant as the amendment did not introduce a new cause of action. (Paras 1-10)
B) Presidency Small Causes Court Act - Eviction Suit - Section 41 - Sub-letting - The suit was filed on ground of sub-letting under Section 41 of the Presidency Small Causes Court Act. The amendment sought to reflect the death of the original plaintiff and substitution of legal representatives, which did not change the nature of the suit. (Paras 2-5)
C) Limitation - Amendment of Plaint - Article 137 of Limitation Act, 1963 - The court held that the amendment was not barred by limitation as it related to the same cause of action and was sought before trial. The application for amendment was filed within reasonable time after the death of the plaintiff. (Paras 11-15)
Issue of Consideration
Whether the trial court erred in allowing the amendment of the plaint to incorporate the fact of death of the original plaintiff and to bring legal representatives on record, and whether such amendment was barred by limitation or would cause prejudice to the defendant.
Final Decision
The High Court dismissed the writ petition and upheld the trial court's order allowing the amendment of the plaint.
Law Points
- Amendment of pleadings
- Order VI Rule 17 CPC
- Section 41 Presidency Small Causes Court Act
- Article 227 Constitution of India
- Sub-letting
- Eviction suit
- Legal representatives
- Cause of action
- Pre-trial amendment
- Liberal approach
Case Details
2023 LawText (BOM) (12) 125
WRIT PETITION NO. 10994 of 2019
Mr. G.S. Godbole, Senior Advocate i/by Ms. Eventa A. Gonsalves a/w Mr. Reyden L. Gonsalves for the Petitioner. Mr. Aspi Chinoy, Senior Advocate a/w Mr. Rohaan Cama, Mr. Rohan Dakshini, Ms. Shweta Jaydev, Azraa Millwala i/by M/s. Rashmikant and Partners for Respondent No.1.
M/s. Wrangle Investment Limited
M/s. Mahendra Builders, Mahendra V. Shah (Since deceased), M/s. Bhram Deo Holding & Trading Ltd.
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Nature of Litigation
Writ Petition under Article 227 of the Constitution of India challenging the order allowing amendment of plaint in an eviction suit.
Remedy Sought
The petitioner sought to quash the order dated 26 September 2019 passed by the Court of Small Causes allowing the amendment of the plaint.
Filing Reason
The petitioner challenged the trial court's order permitting the respondent to amend the plaint to incorporate the death of the original plaintiff and substitution of legal representatives.
Previous Decisions
The trial court allowed the amendment vide order dated 26 September 2019 in Interim Notice No. 760 of 2002.
Issues
Whether the trial court erred in allowing the amendment of the plaint to incorporate the fact of death of the original plaintiff and to bring legal representatives on record.
Whether such amendment was barred by limitation or would cause prejudice to the defendant.
Submissions/Arguments
The petitioner argued that the amendment introduced a new cause of action and was barred by limitation.
The respondent argued that the amendment was necessary to reflect the true state of affairs and did not change the nature of the suit.
Ratio Decidendi
Pre-trial amendments to pleadings should be liberally allowed to determine the real questions in controversy between the parties, provided no prejudice is caused to the opposite party. The amendment in this case did not introduce a new cause of action and was necessary to bring the legal representatives on record.
Judgment Excerpts
This Writ Petition filed under Article 227 of the Constitution of India, challenges Judgment and Order dated 26th September, 2019 passed by the Court of Small Causes in Interim Notice No. 760 of 2002, thereby permitting the Plaintiff (Respondent No. 1 herein) to carry out the amendment to the plaint i.e. T.E. & R. Suit No.68/73 of 2001, which is pending in the Court Small Causes at Bombay.
Pre-trial amendments are to be liberally allowed to determine the real questions in controversy between the parties.
Procedural History
The original suit was filed in 2001. The original plaintiff died on 19 September 2001. On 16 February 2002, his legal representatives filed an application to be brought on record. Subsequently, they sought amendment of the plaint. The trial court allowed the amendment on 26 September 2019. The petitioner challenged this order by way of writ petition under Article 227 of the Constitution of India.
Acts & Sections
- Constitution of India: Article 227
- Presidency Small Causes Court Act, 1882: Section 41
- Code of Civil Procedure, 1908 (CPC): Order VI Rule 17
- Limitation Act, 1963: Article 137
