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IN THE HIGH COURT OF BOMBAY AT GOA
HON'BLE MS. JUSTICE NIVEDITA P. MEHTA
Anil alias Audhut B. Dhepe S/o Bhagwant Dattatraya Dhepe – Appellant
Versus
Pratibha Pandurang Dhepe Wd/o Pandurang Dhepe – Respondent
JUDGMENT :
(NIVEDITA P. MEHTA, J.)
1.Rule. Rule is made returnable forthwith with the consent and at the request of the learned counsel for the parties.
2. The learned Ad-hoc District Judge, (FTC-1), Panaji, Goa I/C of DJ-3 Panaji, Goa (“the learned trial Court” hereinafter) has vide impugned order dated 23.10.2024; passed in Civil Suit no. 36/2013 (Mr. Anil alias Audhut B. Dhepe and others Vs. Mrs. Pratibha Pandurang Dhepe and others) dismissed the application filed by the plaintiffs,(hereinafter referred to as the petitioners), under Order VI Rule 17 of the Code of Civil Procedure (CPC) seeking to amend the prayer clause (b) as under :
a) after the words deed of sale, “dated 28-08-2013 executed before the Sub Registrar of Illhas”.
b) After the words null & void, “and consequently direct Defendant no 1 to 7 (hereinafter referred to as Respondents) to execute the sale deed in respect of their undivided rights, share and interest in the suit property to the Plaintiffs for an amount of Rs 48,00,000/- (Rupees Forty Lacs only).”
Facts
3. The petitioners, as plaintiffs, have filed the application under Order VI Rule 17 of CPC to amend the plaint against Respondents No. 1 to 7, as Defendants no
Amendments to pleadings under Order VI Rule 17 of CPC should be allowed if necessary for determining real issues, provided they do not cause injustice to the other party.
Amendments to pleadings under Order VI Rule 17 of CPC should be allowed if necessary for justice and do not change the nature of the suit.
An amendment of the pleadings under Order VI Rule 17 CPC does not alter the nature and character of the suit if the amendment is predicated on the same facts and the same document.
The court reinforced that amendments post-trial initiation are disallowed if barred by limitation, emphasizing the necessity for due diligence in raising claims at the appropriate stage.
Amendments to pleadings post-trial require showing of due diligence, and must not alter the fundamental nature of the case, or cause undue prejudice to the opposing party.
Amendments to pleadings must be made in good faith and should not cause prejudice to the opposing party, especially if they seek to withdraw prior admissions.
Court emphasized a liberal approach in allowing amendments under Order VI Rule 17, especially when necessary for complete adjudication and no significant prejudice to other party is caused.
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