Case Note & Summary
The petitioner, Shabbir Kankaru Inamdar, filed a suit for specific performance of a contract against the respondents, Mirza Salimbeg Jabbarbeg and Mirza Afjalbeg Jabbarbeg, in respect of a property in Nashik. The trial court dismissed the suit on the ground of limitation, despite recording findings in favor of the petitioner on other issues. The petitioner appealed, and during the pendency of the appeal, filed an application (Exhibit 14) seeking amendment of the plaint to incorporate a claim for mesne profits or damages as an alternative relief. The appellate court rejected the amendment, holding that such relief could not be claimed at the appellate stage. The petitioner challenged this order by way of a writ petition. The High Court examined the scope of Section 22(1)(b) of the Specific Relief Act, 1963, which allows a plaintiff to claim 'any other relief to which he may be entitled' in addition to specific performance. The court held that this expression is wide and includes alternative reliefs like mesne profits, and that such amendment can be sought at any stage, including the appellate stage, as long as it does not change the nature of the suit. The court noted that the trial court had already recorded findings in favor of the petitioner on merits, and the amendment was necessary to avoid multiplicity of proceedings. The High Court allowed the writ petition, set aside the impugned order, and directed the appellate court to permit the amendment and decide the appeal afresh.
Headnote
A) Specific Relief Act - Section 22(1)(b) - Amendment of Plaint - Alternative Relief - The expression 'any other relief to which he may be entitled' in Section 22(1)(b) of the Specific Relief Act, 1963 is wide enough to include a claim for mesne profits or damages as an alternative to specific performance, and such amendment can be sought at the appellate stage if the trial court has dismissed the suit for specific performance. The court held that the amendment sought by the plaintiff to incorporate a claim for mesne profits was permissible and the appellate court erred in rejecting it. (Paras 1, 10-12) B) Civil Procedure Code - Order VI Rule 17 - Amendment of Pleadings - Appellate Stage - An application for amendment of plaint at the appellate stage is maintainable, and the court should liberally allow amendments to avoid multiplicity of proceedings and to determine the real controversy between the parties. The court held that the amendment did not change the nature of the suit and was necessary for the just adjudication of the appeal. (Paras 8-9, 13)
Issue of Consideration
Whether the expression 'any other relief to which he may be entitled' in Section 22(1)(b) of the Specific Relief Act, 1963 permits a plaintiff to amend the plaint at the appellate stage to claim an alternative relief of mesne profits or damages when the suit for specific performance is dismissed.
Final Decision
The High Court allowed the writ petition, set aside the impugned order dated 4th March 2017, and directed the appellate court to permit the amendment and decide the appeal afresh.
Law Points
- Amendment of plaint at appellate stage
- Section 22(1)(b) Specific Relief Act 1963
- any other relief to which plaintiff may be entitled
- mesne profits
- alternative relief
- Order VI Rule 17 CPC
