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IN THE HIGH COURT OF KERALA AT ERNAKULAM
ANIL K.NARENDRAN, G.GIRISH
Sayed Hussain Hydrose Thangal S/o Sayed Abdulla Hydrose Thangal – Appellant
Versus
K.J. Paul S/o Joseph – Respondent
JUDGMENT :
G. GIRISH, J.
1. Can amendment of plaint be permitted, after the completion of evidence, to incorporate a plea which would otherwise be barred by res judicata, if raised in a fresh suit? Our endeavour is to resolve this precise legal issue.
2. The refusal of the Waqf Tribunal, Kozhikode to permit amendment of the plaint by incorporating a prayer for recovery of possession in W.O.S No.8/2023, at a stage when the case stood for final hearing after the completion of evidence, is under challenge in this appeal filed by the plaintiff in the aforesaid suit.
3. Originally, the suit was instituted before the Waqf Tribunal, Ernakulam as W.O.S No.9/2015 seeking the reliefs of declaration and permanent prohibitory injunction. The aforesaid suit was decreed ex parte by the Waqf Tribunal, Ernakulam. Later on, the ex parte decree was set aside, and the suit was renumbered as W.O.S No.8/2023 and transferred to the Waqf Tribunal, Kozhikode. In the meanwhile, the petitioner herein filed W.O.S No.45/2022 before the Waqf Tribunal, Kozhikode seeking the relief of recovery of possession of the very same Waqf property which is the subject matter in W.O.S No.9/2015 (which was renumbered as W.O.S N
Amendments to pleadings are not permissible after trial commencement if they seek to re-agitate issues barred by res judicata.
(1) Amendment in plaint – Prayer for amendment is to be allowed if amendment is required for effective and proper adjudication of controversy between parties and to avoid multiplicity of proceedings.....
The principle of res judicata prevents re-agitation of previously decided issues in subsequent applications, thus maintaining procedural integrity in litigation.
The Court may allow amendment of pleadings at any stage of the proceedings for just decision of the case and to determine the real questions in controversy between the parties.
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.
The due diligence test in Order VI Rule 17 of the Code of Civil Procedure does not apply universally to all amendments after trial commencement; courts should focus on the necessity of amendments for....
Amendments to pleadings after the commencement of trial are restricted and require demonstration of due diligence to be permitted.
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