Case Note & Summary
The petitioners, Antonio Braganza and Aldila Braganza, filed a writ petition challenging the order dated 22.07.2015 passed by the learned Adhoc Senior Civil Judge at Mapusa, which rejected their application for amendment of the plaint under Order 6 Rule 17 of the Code of Civil Procedure, 1908 (CPC). The petitioners were plaintiffs in a suit concerning property rights. After the suit was disposed of, it was restored by a higher court with a direction for expeditious disposal. The petitioners sought to amend the plaint to incorporate subsequent events and additional facts. The trial court rejected the amendment on the ground that the petitioners had not exercised due diligence in bringing the facts earlier. The High Court, per Justice S.B. Shukre, held that the trial court had not properly applied the test of due diligence. The court noted that the petitioners had been pursuing their case with reasonable care, caution and effort, as evidenced by the restoration of the suit and other related writ petitions. The court emphasized that a liberal approach should be adopted in allowing amendments, especially at the pre-trial stage, to avoid multiplicity of proceedings and to determine the real controversy between the parties. The impugned order was set aside, and the trial court was directed to allow the amendment application and proceed with the suit expeditiously.
Headnote
A) Civil Procedure - Amendment of Pleadings - Order 6 Rule 17 CPC - Due Diligence - The court held that the test of due diligence must be applied reasonably and not mechanically, considering the overall conduct of the party. The petitioners had pursued their case with reasonable care, caution and effort, as evidenced by the restoration of the suit and other proceedings. The trial court's order rejecting the amendment was set aside. (Paras 2-5) B) Civil Procedure - Amendment of Pleadings - Order 6 Rule 17 CPC - Liberal Approach - The court reiterated that a liberal approach should be adopted in allowing amendments, especially at the pre-trial stage, to avoid multiplicity of proceedings and to determine the real controversy between the parties. (Para 4)
Issue of Consideration
Whether the trial court erred in rejecting the application for amendment of the plaint under Order 6 Rule 17 CPC on the ground of lack of due diligence.
Final Decision
The High Court allowed the writ petition, set aside the impugned order dated 22.07.2015, and directed the trial court to allow the amendment application and proceed with the suit expeditiously.
Law Points
- Amendment of pleadings
- Order 6 Rule 17 CPC
- due diligence
- liberal approach
- pre-trial amendment
- cause of action
