Amendments to a plaint can be allowed if they do not change the nature of the claim and are essential for justice, especially when requested at an early stage of litigation.

JUDGMENT

[VIA VIDEO CONFERENCING]

1. This petition has been filed by the defendant before the learned Trial Court, against the order dated 9th April, 2021 passed by learned Senior Civil Judge, South-West District, Dwarka Courts Complex, Delhi (hereinafter referred to as the "learned Trial Court") whereby the learned Trial Court allowed the application of the respondent/plaintiff filed under Order VI Rule 17 the Code of Civil Procedure, 1908 ("CPC", for short) seeking amendment of the plaint.

2. A civil suit being CS SCJ No. 472/2020 was filed on behalf of Shiksha Bharti Educational Society (hereinafter referred to as the "respondent/plaintiff") through Ms.Nistha Bhardwaj, described as the General Secretary and representative of the Society. Permanent and mandatory injunctions were sought against the petitioner/defendant alleging that he was a trespasser, and seeking a restraint on him from entering the premises of Shiksha Bharti Global School situated at Sector- 8, Dwarka, New Delhi (hereinafter referred to as "the School") or from creating hindrance, obstruction or disruption in the peaceful functioning of the School.

3. The petitioner/defendant in his written statement denied every claim and allegation of the respondent/plaintiff and further contended that the respondent/plaintiff had concealed the fact that the petitioner/ defendant was working as a Director of the School since 2014. On such a claim being made in the written statement, the respondent/plaintiff filed an application under Order VI Rule 17 CPC to incorporate allegations that the documents relied upon by the petitioner/defendant were entirely forged and fabricated. The respondent/plaintiff also sought to raise questions on the alleged convening of the meeting on 16th August, 2020, as claimed by the petitioner/defendant to have been so held, to submit that the petitioner/defendant had fabricated Minutes of a meeting that had never been held. Amendment was also sought to incorporate an additional relief, namely, a decree of declaration that the appointment letter dated 5th February, 2014 and the minutes of the meeting allegedly conducted on 16th August, 2020 and all the incidental acts, including alleged induction of new members and expulsion of existing members of the respondent/plaintiff, as null and void ab initio and as having no legal consequences thereof. The reliefs, including permanent injunction restraining the petitioner/defendant from entering the School premises and creating hindrance in the functioning of the respondent/plaintiff and the School, were also sought.

4. Vide the impugned order dated 9th April, 2021, the learned Trial Court was of the view that the matter was still at the nascent stage and no harm would be caused to the petitioner/defendant if the plaint was amended. It was also observed that the incorporation of the facts were necessary for the final determination of the issues and the disputes between the parties. Thus, the amendments were allowed.

5. Mr. Manav Gupta, learned counsel for the petitioner/defendant, submitted that the original prayers were limited to permanent injunction to restrain the petitioner/defendant from entering the School premises, with a direction to him to hand over the complete record of the respondent/plaintiff and the School, which was in his unlawful possession. Learned counsel for the petitioner/defendant submitted that in fact, Ms.Nistha Bhardwaj was not authorized to act as the General Secretary of the respondent/plaintiff and herself was a stranger and an outsider to it and had not been authorized to file the suit against the petitioner/defendant on its beha