IMPORTANT POINT
The proposed amendment to a plaint does not change the cause of action or nature of the suit if it merely adds facts explaining the original cause of action.

JUDGMENT :

Learned counsel for the petitioner and learned counsel for the respondents are present.

2. Heard the learned counsel for the parties.

3. This writ petition has been preferred on behalf of the petitioner Hardeep Singh Sidhu-plaintiff in the Title Suit No.116 of 2013 against the order dated 29.07.2016 passed by the learned Civil Judge (Jr. Div.)-1, at Jamshedpur wherein learned trial court has partly refused to allow the amendment of the new paragraph-32 as sought by way of the amendment application.

4. The learned counsel for the petitioner has submitted that the petitioner who is the plaintiff has filed the Title Suit No.116 of 2013 with the prayer to declare the Gift Deed No. 4482 dated 22.05.1982 and one unregistered will dated 07.06.1982 which is alleged to be executed and registered by late Sardar Hem Singh in favour of defendants and their parents as forged, fabricated, null and void, ineffective, not binding and never acquired any right and interest from these deeds.

5. On behalf of plaintiff, the amendment application was filed which was partly allowed and partly rejected.

6. The learned trial court has held that from the proposed amendment of paragraph-32 the cause of action is changed and the amendment being of distinct cause of action the same could not be allowed. It is also further submitted that from the very para-32 which is the proposed amendment there is no new cause of action rather the cause of action is still the same which has been explained in detail by way of the proposed amendment. In view of the above submitted that the impugned order passed by the trial court is illegal and same should be set aside.

7. The learned counsel for the respondents has vehemently opposed the contention made by learned counsel for the petitioner and contended that the learned trial court has rightly rejected the amendment application partly in regard to the para-32 because it was in regard to the distinct cause of action and the suit which was since inception time barred and the defendant had moved the application to frame the preliminary issue in regard to the suit being time barred. If the proposed amendment is allowed the very cause of action will change and for the same no permission can be granted to allow the amendment application. Accordingly the amendment application which was rejected by the learned trial court has been rejected as per settled legal proposition of law. The learned counsel for the respondent also relied upon the case law “State of A.P. And Others vs. Pioneer Builders, A.P.”, (2006) 12 SCC 119.

8. From the very perusal of the plaint which is annexure no.1 of this writ petition, it is found that Hardeep Singh Sidhu has filed the suit against Harcharan Singh Sidhu and others with the prayer to declare the gift deed dated 22.05.1982 and the unregistered will dated 07.06.1982 alleged to have been executed and registered by late Hem Singh in favour of the defendants to be null and void being forged and fabricated. From the very perusal of the plaint it is also found showing the bundle of facts how the cause of action to file the suit arose in para-32 of the plaint. The plaintiff has averred that the cause of action arose on 29.11.2010 and thereafter when he came to know about the existence of the aforesaid deed of gift for the first time in T.S. No. 88 of 1989 filed by the defendant.

9. From the very perusal of the amendment application which is annexure no.5 of supplementary affidavit dated 09.05.2024 it is found that the plaintiff has sought the amendment to add the para-32 in the plaint the facts that inspite the knowledge about the forged and fabricated deeds of gift and will, manufactured by the defendant with the help of Surrender Singh, late father of defendant no.1 and will by Harcharan Singh, the defendants never raised any claim of right, title interest, possession on the basis of the alleged gift deeds and will but only on 19.05.2011 on the sudden death of their mother and aunt Amarjeet Kour, th