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2008 Supreme(SC) 379

TARUN CHATTERJEE, HARJIT SINGH BEDI
Puran Ram – Appellant
Versus
Bhaguram – Respondent


Judgement Key Points

Certainly. Here are the key points from the provided legal document:

  1. In a suit for specific performance of a sale contract, it is permissible to amend the description of the suit property not only in the plaint but also in the agreement, provided the description remains consistent and the amendment does not alter the fundamental nature of the suit (!) .

  2. An amendment that involves correcting a mutual mistake in the description of the property does not change the essence or the character of the suit for specific performance; it is considered a rectification rather than a new or different suit [Para 13].

  3. The court's power to allow amendments extends to correcting errors or inaccuracies in the description of the property, and such corrections can be made in the same suit without the need for filing a separate suit for rectification, especially when the amendment seeks to clarify or correct mutual mistakes (!) (!) .

  4. Section 26 of the Specific Relief Act, 1963, provides that when a contract or instrument does not express the true intention due to mutual mistake or fraud, it can be rectified through a suit or claim in the existing suit, and the court may allow amendments at any stage to include such claims (!) (!) .

  5. The amendment of the agreement to correct a part of the description of the property is permissible and does not involve a change in the nature of the original suit for specific performance; it is a formal correction that relates back to the original filing date, thus remaining within the period of limitation (!) .

  6. The court may permit amendments even if the relief sought by such amendments appears to be barred by limitation, as the discretion to allow amendments is broad and aims to serve the cause of justice (!) (!) .

  7. The rejection of amendments by the higher courts solely on the grounds that they would change the suit's character or are barred by limitation is not justified when the amendments are only clarificatory or rectificatory in nature (!) (!) .

  8. The order of the trial court allowing amendments should generally be upheld unless there is a clear jurisdictional error or arbitrariness. Interference by higher courts under constitutional powers should be cautious and justified (!) .

  9. The description of the property in the original plaint was only a mutual mistake, and correcting this description does not transform the suit into a different type; it remains a suit for specific performance, with the amendment being a formal rectification (!) .

  10. The legal provisions and principles support the view that amendments aimed at correcting errors in the description of the property, made in the interest of justice, should be allowed, and technical objections such as limitation or change of suit character should not prevent such corrections (!) (!) .

These points encapsulate the core legal principles and reasoning related to amendments of pleadings and agreements in suits for specific performance, emphasizing the importance of rectification and the broad discretion courts have to permit such amendments in the interest of justice.


judgment

Tarun Chatterjee, J. —

1.Leave granted.

2.This appeal relates to rejection of an application for amendment of plaint in a suit for specific performance of the agreement for sale passed by the High Court of Rajasthan at Jodhpur by which the High Court, in the exercise of its power under Article 227 of the Constitution, had reversed the order of the Second Additional District Judge, Bikaner allowing the application for amendment of the plaint.

3.On 18th of December, 1997, the plaintiff/appellant had filed a suit for specific performance of a contract to sell relating to 25 bighas of irrigated agricultural land in Chak No. 3 SLM, being Square No. 112/63, Colonization Tehsil Pungal, District Bikaner, Rajasthan (hereinafter called as “the suit property”) and for permanent injunction.

4.The case made out by the appellant in the plaint is to the following effect :-

5.The appellant had entered into an agreement for sale to purchase the suit property for a sum of Rs. 2,00,000/-. On 12th of April, 1991, he paid a sum of Rs.50,000/- to the vendor Bhaguram. By virtue of the payment, Bhaguram, the respondent No.1, has put the appellant in possession of the suit property and has also agreed

























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