Case Note & Summary
The petitioners, legal representatives of the original plaintiff, filed a writ petition under Article 227 of the Constitution of India challenging the order dated 19.11.2022 passed by the Principal Senior Civil Judge and CJM, Shimoga, in O.S. No.59/2021, whereby the trial court rejected I.A. No.12 filed under Order VI Rule 17 of the Code of Civil Procedure, 1908 (CPC) seeking amendment of the plaint. The original suit was filed by Smt. Nagarathna (since deceased) against the respondents for declaration of title and permanent injunction in respect of suit schedule property. During the pendency of the suit, the plaintiff died and her legal representatives were brought on record. Subsequently, the petitioners filed I.A. No.12 seeking to amend the plaint to incorporate alternative relief of possession and mesne profits, contending that the defendants had allegedly dispossessed them during the pendency of the suit. The trial court rejected the application on the ground that the amendment would change the nature of the suit and cause prejudice to the defendants. The High Court, after hearing both sides, allowed the writ petition, set aside the impugned order, and allowed the amendment application. The court held that the amendment was sought before the commencement of trial and therefore, the liberal approach should be adopted. The amendment did not change the nature of the suit as it was based on the same cause of action and sought alternative relief. No prejudice would be caused to the defendants as they would have an opportunity to file an additional written statement. The court emphasized that the purpose of amendment is to avoid multiplicity of proceedings and to determine the real controversy between the parties. The trial court was directed to permit the petitioners to carry out the amendment and to proceed with the suit in accordance with law.
Headnote
A) Civil Procedure - Amendment of Pleadings - Order VI Rule 17 CPC - Pre-trial amendment - The court held that amendments before trial should be liberally allowed if they do not cause prejudice to the opposite party and are necessary for determining the real controversy. The trial court's rejection of the amendment on the ground that it would change the nature of the suit was erroneous as the amendment sought alternative relief based on the same cause of action. (Paras 10-15) B) Civil Procedure - Amendment of Pleadings - Change in Nature of Suit - Order VI Rule 17 CPC - The court clarified that an amendment seeking alternative relief of possession and mesne profits does not change the nature of the suit when the original suit was for declaration and injunction. The amendment was necessary to avoid multiplicity of proceedings and to determine the real controversy between the parties. (Paras 16-20) C) Civil Procedure - Amendment of Pleadings - Prejudice - Order VI Rule 17 CPC - The court held that no prejudice would be caused to the defendant as the amendment was sought before the commencement of trial and the defendant would have an opportunity to file an additional written statement. The trial court's finding of prejudice was not justified. (Paras 21-25)
Issue of Consideration
Whether the trial court erred in rejecting the application for amendment of the plaint under Order VI Rule 17 CPC, seeking to incorporate alternative relief of possession and mesne profits, on the ground that it would change the nature of the suit and cause prejudice to the defendant.
Final Decision
The writ petition is allowed. The impugned order dated 19.11.2022 passed by the Principal Senior Civil Judge and CJM, Shimoga, in O.S. No.59/2021 on I.A. No.12 is set aside. Consequently, I.A. No.12 filed under Order VI Rule 17 CPC is allowed. The petitioners are permitted to carry out the amendment in the plaint. The trial court is directed to proceed with the suit in accordance with law.
Law Points
- Amendment of pleadings
- Order VI Rule 17 CPC
- Liberal approach to amendment
- Pre-trial amendment
- Change in nature of suit
- Prejudice to opposite party
- Alternative relief
- Mesne profits
- Possession
