Amendments to pleadings are essential for justice and should be permitted unless they alter the suit's nature or cause significant harm to the opposing party.

JUDGMENT

1. In wake of second surge in the COVID-19 cases, abundant caution is being maintained, while hearing the matters in Court, for the safety of all concerned.

2. This writ petition has been preferred claiming the following reliefs:

"(i) by an appropriate writ, order or direction in the nature of or certiorari, impugned order dated 13.10.2014 (Annex.6) passed by the learned Additional District Judge No.3, Udaipur in Civil Appeal Case No.64/2008 may be quashed and set aside and application filed plaintiff-petitioner under Order 6 Rule 17 C.P.C. may kindly be allowed."

3. Learned counsel for the plaintiff/petitioner submits that the plaintiff had filed a suit for permanent injunction against the respondent-defendant for easementary rights, which is being violated, as the respondent had erected a wall and a water tank, which is causing nuisance to the plaintiff/petitioner.

4. Learned counsel for the plaintiff/petitioner further submits that the petitioner's suit was decided by the learned trial court on 04.08.2008, and aggrieved thereby, the plaintiff preferred an appeal, wherein she moved an application under Order 6 Rule 17 read with Section 151 CPC for bringing subsequent developments on record, which prayer has been declined by the learned court below vide the impugned order 13.10.2014.

5. Learned counsel for the plaintiff/petitioner relied upon the precedent law laid down by the Hon'ble Supreme Court in Mahila Ramkali Devi & Ors. v. Nandram (Dead) Through Legal Representatives & Ors., reported in (2015) 13 SCC 132, relevant portion of which reads as under:

"18. While rejecting the amendment petition, the High Court observed as under:

"16. During the course of hearing an application is filed by the respondents under Order 6 Rule 17 CPC for amendment to the effect that the respondents Dinesh, Satish, Sanjay and Rajendra fails under Class XVII of the Madhya Pradesh Land Revenue Code. This amendment, at this stage, in fact cannot be allowed because the same is going to totally change the nature of the suit. The suit is filed in the year 1964 the suit was filed on the premises that Ramkali Devi has inherited the property from Ajudhibai on the basis of will. By the amendment in the pleadings Dinesh, Satish, Sanjay and Rajendra have joined as party. That amendment was incorporated on 18.7.1994 and their names were added as plaintiffs in the suit. In the cause title also the word 'plaintiff' is substituted by the word 'plaintiff'. However, there is no amendment in the averments made in the rest of the pleadings in the plaint.

In such circumstances, now, it will not be in the interest of justice to allow the application for amendment which totally goes to change the premises of the suit after a lapse of more than 40 years. In the present case the plaintiffs have based their title solely on the basis of a will executed by Ajudhibai and, therefore, allowing an application for amendment making claim on the basis of inheritance that too through Hardayal cannot be permitted at this stage. Hence, the amendment application is rejected."

19. It appears thus while disposing of the appeal, the High Court has not gone into the amended plaint. By amendment, the plaintiff-appellant not only sought to add the names of Dinesh, Satish, Sanjay and Rajendra sons of Baijnath Prasad Saxena in the category of plaintiffs, but also sought to make necessary amendment in paragraph 3 of the plaint. The averment sought to be incorporated in paragraph 3 of the plaint by amendment is reproduced hereunder:

"Vikalp me yadi vasiyatnama vaidya na mana jave to be Ajudhibai ke karibtar varies vadini ke ladke Rajendra, Dinesh, Satish aur Sanjay hi hai jo abhi nabalig hai aur yeha dava unke hito ko represent karte huai unki maliki ke adhar par bhi prastut hai. Vadini ke dekh-rekh me ladke rahte hai. Garj yahe hai ki har halat me prativadigan ki koi swatva v mukable vadini avam uske ladke nahi hai. Aur vadini vivadagrast aaraji ka kabja apne tatha ladkon ko aur se pane ki pat