The court upheld the principle that amendments to pleadings should be liberally allowed to determine real questions in controversy, especially where trial has not commenced.

ORDER :

S.R. KRISHNA KUMAR, J.

This petition by defendant Nos.1 to 3 in O.S.No.6688/2024 is directed against the impugned order dated 16.12.2025 passed by the XV Addl. City Civil and Sessions Judge, Bengaluru, whereby the application – I.A.No.XI filed by the plaintiffs under Order 6 Rule 17 CPC seeking amendment of the plaint was allowed by the Trial Court.

2. Heard learned counsel for the petitioners and learned Senior Counsel for the respondent Nos.1 and 2 and perused the material on record.

3. A perusal of the material on record will indicate that the respondent Nos.1 and 2 filed the instant suit seeking declaration, permanent injunction in relation to the subject defendant No.1 – club and other reliefs. The said suit having been contested by the petitioners – defendant Nos.1 to 3, before framing of issues, the respondent – plaintiff moved the instant application – I.A.No.11 seeking permission to amend the plaint. The said application having been opposed by the petitioners, the Trial Court proceeded to pass the impugned order allowing the amendment application by holding as under:

“ORDERS ON IA No. XI

The Plaintiffs have filed the present IA No.11 under Order 6 Rule 17 read with Section 151 of CPC seeking to amend the plaint with proposed amendments as under:-

“1. At page no. 3 of the plaint, the following paragraphs may be added after paragraph no.2

“2A. The Plaintiff Nos.1 and 2 are respectable members and two of the founding members of the Defendant No.1 club. Since the Defendant No.1 club’s inception, Plaintiff Nos.1 and 2 have assumed various crucial positions in the management of the club, and have performed their duties in a diligent and upright manner so as to promote the club’s interest and build the goodwill and reputation that the club presently possesses.

2B. The Plaintiffs continued to build the Defendant No.1 club by investing their time and energy, despite being persons of multiple professional commitments. Over the years, Plaintiffs, being a part of the club management, has ensured that a health club, well equipped library, restaurants, well maintained swimming pools, tennis court, sky lounge, landscape terrace gardens, and a car parking facility which can park about 300 cars were set up within the club vicinity, amongst other things. Apart from the above, Plaintiffs also ensured that the Defendant No.1 club was engaged in charitable and social work for which loan to the tune of Rs.1,00,00,000/- (Rupees One Crore only) was taken from a trust named Cosmopolitan Club Corpus Fund Trust (CCCPT) which consisted of the Plaintiffs amongst others as life trustees. These funds were invested towards providing books for schools, providing healthcare, conducting marriages, and providing wholesome mid-day meals to around 1000 people every day, amongst other charitable purposes. The Plaintiffs ensured that the Club served its members as well as the underprivileged and needy sections of the society.”

2.At page no.16 of the plaint, the following paragraphs may be added after para no. 30:

“30A. The aforesaid two notices dated 31.08.2024 were only issued to select few members, hand picked by the Defendants themselves, who support the illegal deeds of the illegal body running the management of the Defendant No.1 club. Plaintiffs were not served either of the two notices dated 31.08.2024 at all. Moreover, the aforesaid two notices dated 31.08.2024 were served through online medium of E-mail and WhatsApp, and not through registered post acknowledgement due (RPAD).

30B. As called for in the abovementioned 2 illegal notices dated 31.08.2024, an illegal Special General Body Meeting came to be convened by the illegal body at 10:00 A.M. on 22.09.2024 (hereinafter “Illegal SGM”) in the Defendant No.1 club premises. In the Illegal SGM consisting of only select few m