Case Note & Summary
The respondent (original plaintiff) filed a suit for specific performance of an agreement dated 15-9-2007 against the petitioner (original defendant). The suit was filed in July 2009. After the defendant filed a written statement and the plaintiff led evidence, the plaintiff filed an application under Order VI Rule 17 of the Code of Civil Procedure, 1908 seeking to amend the plaint to incorporate an alternate prayer for compensation under Section 21 of the Specific Relief Act, 1963. The trial court allowed the amendment subject to costs of Rs.1500/-. The defendant challenged this order. The High Court held that the amendment was permissible as it did not change the nature of the suit and related back to the date of the plaint. The court noted that the question of limitation could be considered at the final stage of the suit. The writ petition was dismissed, upholding the trial court's order.
Headnote
A) Civil Procedure - Amendment of Plaint - Order VI Rule 17 CPC - Amendment seeking to incorporate alternate relief of compensation under Section 21 of Specific Relief Act, 1963 in a suit for specific performance - Held that such amendment is permissible even if the claim for compensation may be barred by limitation, as the amendment relates back to the date of the plaint and the court can consider limitation at the final stage (Paras 1, 5-7).
Issue of Consideration
Whether in a suit for specific performance the plaint can be permitted to be amended for incorporating the relief of compensation disregarding the aspect of limitation.
Final Decision
The High Court dismissed the writ petition, upholding the trial court's order allowing the amendment. The court held that the amendment did not change the nature of the suit and related back to the date of the plaint, and the question of limitation could be considered at the final stage.
Law Points
- Amendment of plaint
- Specific performance
- Compensation
- Limitation
- Order VI Rule 17 CPC
- Section 21 Specific Relief Act
Case Details
2018 LawText (BOM) (03) 122
WRIT PETITION NO.5310 OF 2017
Shri R. T. Anthony for petitioner, Shri S. Raisuddin for respondent
Praveen S/o Champatrao Revatkar
Shri Hanuman S/o Surajmal Sharma
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Nature of Litigation
Writ petition challenging order allowing amendment of plaint in a suit for specific performance.
Remedy Sought
Petitioner (defendant) sought to set aside the trial court's order allowing the plaintiff to amend the plaint to incorporate an alternate relief of compensation.
Filing Reason
The trial court allowed the plaintiff's application under Order VI Rule 17 CPC to amend the plaint to include a prayer for compensation under Section 21 of the Specific Relief Act, 1963, which the defendant claimed was time-barred.
Previous Decisions
The trial court allowed the amendment subject to costs of Rs.1500/-.
Issues
Whether the amendment to incorporate a claim for compensation in a suit for specific performance is permissible despite the claim being potentially barred by limitation.
Submissions/Arguments
Petitioner argued that the amendment sought to introduce a time-barred claim and should not be allowed.
Respondent argued that the amendment was permissible under Section 21 of the Specific Relief Act and Order VI Rule 17 CPC, and limitation could be considered later.
Ratio Decidendi
An amendment to incorporate an alternate relief of compensation under Section 21 of the Specific Relief Act, 1963 in a suit for specific performance is permissible even if the claim may be barred by limitation, as the amendment relates back to the date of the plaint and the court can consider limitation at the final stage.
Judgment Excerpts
The question that arises for consideration in this writ petition is whether in a suit for specific performance the plaint can be permitted to be amended for incorporating the relief of compensation disregarding the aspect of limitation.
The amendment sought to be incorporated is in the nature of an alternate relief and the same does not change the nature of the suit. The amendment relates back to the date of the plaint and the question of limitation can be considered at the final stage of the suit.
Procedural History
The respondent filed a suit for specific performance in July 2009. After the defendant filed a written statement and the plaintiff led evidence, the plaintiff filed an application under Order VI Rule 17 CPC to amend the plaint to incorporate an alternate relief of compensation. The trial court allowed the amendment. The defendant filed a writ petition challenging that order.
Acts & Sections
- Code of Civil Procedure, 1908: Order VI Rule 17
- Specific Relief Act, 1963: Section 21
