Case Note & Summary
The respondent/plaintiff filed a suit (O.S.No.242 of 2018) for recovery of money based on a promissory note against one Balakrishnan (sole defendant). Pending suit, Balakrishnan died, and the petitioners (his legal heirs) were brought on record as defendants 2 to 5. Subsequently, the plaintiff filed an application (IA No.6 of 2025) to amend the plaint to include a prayer directing defendants 2 to 5 to pay the suit amount. The trial court allowed the amendment. The petitioners challenged this order by way of a Civil Revision Petition under Article 227 of the Constitution of India. The petitioners contended that the amendment was filed after completion of trial and when the suit was posted for arguments, and therefore the proviso to Order VI Rule 17 CPC barred the amendment. They also argued that the plaintiff (PW1) had admitted in cross-examination that defendants 2 to 5 were not liable in their individual capacity. The High Court held that the amendment was necessitated by a subsequent change in circumstances, namely the death of the sole defendant and the impleadment of his legal representatives. Therefore, the proviso to Order VI Rule 17 did not apply. The court further held that legal representatives are liable to the extent of the estate of the deceased they inherited, and the amendment merely sought to clarify the prayer. The court found no error in the trial court's order and dismissed the revision petition.
Headnote
A) Civil Procedure Code - Amendment of Pleadings - Order VI Rule 17 - Change in Circumstances - The plaintiff filed a suit for recovery of money against a sole defendant who died pending suit. Legal representatives were brought on record. The plaintiff sought to amend the plaint to include a prayer against the legal representatives. The trial court allowed the amendment. The High Court held that the amendment was necessitated by a subsequent change in circumstances (death of the sole defendant) and therefore the proviso to Order VI Rule 17 did not bar the amendment. The legal representatives are liable to the extent of the estate of the deceased they inherited. (Paras 4-5) B) Civil Procedure Code - Legal Representatives - Liability - Order XXII Rule 4 - When a sole defendant dies and his legal representatives are brought on record, they are answerable to the suit claim to the extent of the estate of the deceased in their possession. No specific prayer against them is necessary, but an amendment to incorporate such prayer is permissible. (Para 4)
Issue of Consideration
Whether the trial court was justified in allowing amendment of the plaint after completion of trial to include a prayer against legal representatives of the deceased defendant.
Final Decision
The Civil Revision Petition is dismissed. The order of the trial court dated 10.11.2025 in IA No. 6 of 2025 in OS No. 242 of 2018 is confirmed. No costs. Consequently, connected miscellaneous petition is closed.
Law Points
- Amendment of plaint after trial is permissible if necessitated by change in circumstances
- Order VI Rule 17 CPC
- Legal representatives are liable to the extent of estate inherited
