Case Note & Summary
The petitioner, Parmilabai Machindra Harne, was the defendant in Regular Civil Suit No. 386/2015 filed by the respondent, Ganesh Narayan Harne, seeking a declaration of exclusive ownership and possession of the suit property along with an injunction. The Trial Court granted an injunction in favor of the plaintiff on 31/08/2015. The petitioner filed an application (Exhibit 15) under Order VI Rule 17 of the Code of Civil Procedure, 1908 (CPC) seeking to amend her written statement. The Trial Court rejected this application on 11/03/2016, leading the petitioner to file the present writ petition. The High Court noted that the suit was filed on 08/04/2015 and the amendment was sought before the commencement of trial. The court observed that the Trial Court's order was erroneous as the amendment was sought at a pre-trial stage, and no prejudice would be caused to the plaintiff who could file an additional rejoinder. The High Court set aside the impugned order, allowed the amendment subject to payment of costs of Rs. 1,000 to the plaintiff, and directed the Trial Court to expedite the suit.
Headnote
A) Civil Procedure - Amendment of Pleadings - Order VI Rule 17 CPC - Pre-trial Amendment - The petitioner/defendant sought to amend her written statement before the commencement of trial, which was rejected by the Trial Court. The High Court held that since the trial had not commenced, the amendment could be allowed liberally, and no prejudice would be caused to the plaintiff as he could file an additional rejoinder. The impugned order was set aside and the amendment was allowed subject to costs. (Paras 1-8) B) Civil Procedure - Amendment of Pleadings - Order VI Rule 17 CPC - Liberal Approach - The court emphasized that amendments to pleadings should be liberally allowed to determine the real controversy between the parties, especially when sought before trial. The respondent's reliance on judgments regarding post-trial amendments was misplaced as the present case involved a pre-trial amendment. (Paras 4-7)
Issue of Consideration
Whether the Trial Court erred in rejecting the application for amendment of the written statement under Order VI Rule 17 CPC, when the amendment was sought before the commencement of trial and no prejudice was caused to the plaintiff.
Final Decision
The High Court allowed the writ petition, set aside the impugned order dated 11/03/2016, and allowed the amendment application subject to payment of costs of Rs. 1,000 to the plaintiff. The Trial Court was directed to expedite the suit.
Law Points
- Amendment of pleadings
- Order VI Rule 17 CPC
- Leave to amend
- Pre-trial amendment
- Liberal approach
- No prejudice to opposite party
