Case Note & Summary
The petitioners, five plaintiffs, filed a suit for partition and 1/7th share in the suit property. After the defendants appeared, the plaintiffs discovered that Defendant Nos. 1 and 2 had alienated the suit property to a third person for a valuable consideration of Rs.13,00,000/-. The plaintiffs then filed an application under Order VI Rule 17 of the Code of Civil Procedure, 1908 (CPC) to amend the plaint to incorporate this fact of alienation. The trial court rejected the application on the ground that the amendment was not necessary for determination of the real controversy. The plaintiffs challenged this order by way of a civil revision application before the High Court. The High Court held that since the suit was at a pre-trial stage and no issues had been framed, the amendment should have been liberally allowed to enable the court to determine the real controversy between the parties. The court observed that the amendment was based on a fact that occurred after the filing of the suit, and the plaintiffs had acted with due diligence. The High Court set aside the trial court's order and allowed the amendment application, directing the trial court to permit the amendment and proceed with the suit. The revision application was allowed with no order as to costs.
Headnote
A) Civil Procedure - Amendment of Pleadings - Order VI Rule 17 CPC - Pre-trial amendment - Liberal approach - Plaintiffs sought to amend plaint to add fact of alienation of suit property by defendants after filing suit - Trial court rejected on ground that amendment not necessary - Held that pre-trial amendments are to be liberally allowed to determine real controversy, and rejection was improper (Paras 3-5).
Issue of Consideration
Whether the trial court erred in rejecting the plaintiffs' application for amendment of the plaint under Order VI Rule 17 of the Code of Civil Procedure, 1908, seeking to incorporate the fact of alienation of suit property by the defendants after the suit was filed, on the ground that the amendment was not necessary for determination of the real controversy.
Final Decision
The High Court allowed the civil revision application, set aside the trial court's order dated 11th September, 2006, and directed the trial court to permit the amendment of the plaint as sought by the plaintiffs. No order as to costs.
Law Points
- Amendment of pleadings
- Order VI Rule 17 CPC
- Pre-trial amendment
- Liberal approach
- Due diligence
- Cause of action accruing after filing suit
