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SACHIN DATTA
HITESH GOLA – Appellant
Versus
ROYAL BANK OF SCOTLAND, INDIA – Respondent
JUDGMENT :
SACHIN DATTA, J.
I.A. No. 2227/2022 (for amendment of plaint) and I.A. No. 8358/2022 (for amendment of plaint)
1. These are applications under Order VI Rule 17 read with Section 151 of Civil Procedure Code, 1908 seeking amendment of the plaint.
2. The prayers sought in the suit, as originally filed, are as under:
(B) Grant a Decree of permanent or appropriate Injunctions restraining the defendant no. 1 from removing him from his job due to inability to work as he was working prior to aforesaid accident else plaintiff will also be entitled for damages as per Para No. 13 of the plaint and appropriate court fees shall be paid on such eventuality at the appropriate stage.
(C) Declare right to livelihood of the plaintiff as right to life in view of Constitutional Bench decision of Hon'ble Supreme Court of India in Olga Tellis vs. Bombay Municipal Corporation, 1985 Supp. (2) SCR 51 and consequently
Amendments to the plaint may be allowed if necessitated by subsequent developments, are necessary for effective adjudication of the controversy, and do not completely change the nature of the suit.
Relief in interlocutory proceedings must align with original pleadings; new claims cannot be introduced, which could prejudice the opposing party.
The main legal point established in the judgment is the requirement for due diligence in seeking amendments to pleadings after the commencement of trial, as mandated by the proviso to Order VI Rule 1....
Relief in interlocutory proceedings cannot be granted beyond the scope of the final relief claimed in the suit, and claims must be clearly defined in the pleadings.
Amendments to pleadings under Order 6 Rule 17 CPC are permissible if they do not change the fundamental character of the suit and aim to avoid multiplicity of proceedings.
Clarificatory amendments post-final arguments allowable without strict due diligence proof if necessary for real controversy adjudication, no prejudice caused, prioritizing liberal approach under Ord....
The main legal point established in the judgment is that the cause of action for a suit and the scope of res judicata are crucial factors in determining the maintainability of a suit and the grounds ....
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