2018 Supreme(P&H) 2388

IN THE HIGH COURT OF PUNJAB AND HARYANA
Before
Hon’ble Mr. Justice Raj Mohan Singh
CM No.22262-CII of 2017 with RA-CR No.179-CII of 2017 in CR No.6659 of 2016
Aadish Aggarwal & Anr.
v.
Brijeshwar Swaroop & Anr.
{Decided on 29/05/2018}

Amendment of Pleadings – Classical judgemnt summarising legal position after discussing various judgments of Supreme Court and Punjab & Haryana High Court.~

Headnote:(A) Civil Procedure Code, 1980 O.6 R.17 – Amendment of Written Statement – Words “being joint Hindu family property” sought to incorporated in written statement as the same were left inadvertently – Objection that amendment would change the nature of suit and amendment not to be allowed at belated stage – Held; If the amendment is bona fide, then the procedural law cannot be an impediment in allowing such an amendment which would ultimately facilitate the Court in deciding the controversy in an appropriate manner – To do substantial justice and decide real controversy between the parties, amendment allowed – Earlier, Revision as dismissed now present Review petition also dismissed – 2015(4) Law Herald (P&H) 2839 (SC) relied upon. (Para12 & 13)

       (B) Civil Procedure Code, 1908, O.6 R.17 – Amendment of Pleadings – It is mandatory on the Court to allow all amendments which are necessary for the purpose of determining the real controversy between the parties – At the same time, the Court is not obligated to go into the correctness or falsity of the case of either side in the amendment – The merits of the case are not to be adjudged at the stage of allowing or rejecting the prayer for amendment. (Para 10)

       (C) Civil Procedure Code, 1908, O.6 R.17 – Amendment of Written Statement – Amendment of the written statement to be considered at a different pedestal than the amendment of the plaint – In the amendment of written statement, the party can take inconsistent plea and even amendment of the written statement can be allowed at a belated stage – The only requirement is that Court must be satisfied that the proposed amendment is a bona fide amendment and would enable the Court in pronouncing the judgment in an effective manner. (Para 12)

       (D) Civil Procedure Code, 1908, O.6 R.17 – Amendment of Pleadings – Satisfaction of Court – Before the amendment can be allowed, the Court should satisfy itself whether such an amendment is necessary for determining real controversy between the parties – In the absence of such satisfaction, amendment cannot be allowed. (Para 13)

       (E) Civil Procedure Code, 1908, O.6 R.17 – Amendment of Pleadings – Principles to be considered – Held; Whether the amendment sought to be made is imperative for effective adjudication of the matter – Whether the amendment is bona fide or mala fide – The amendment should not cause such prejudice to the opposite party which cannot be compensated in terms of adequate cost – Whether the proposed amendment changes the nature and character of the suit. (Para 13)

       (F) Civil Procedure Code, 1908, O.6 R.17 – Amendment of Pleadings – Time barred claim – Basic purpose of allowing the amendment is to minimise the litigation – However, the relief which has become time barred cannot be inserted by way of amendment. (Para 15)

       (G) Civil Procedure Code, 1908, O.6 R.17 – Amendment of Pleadings – Power of amendment should be exercised in the larger interest for doing full and complete justice to the parties and it should be allowed if the same subserves the cause of justice and avoids further litigation. (Para 15)

       (H) Civil Procedure Code, 1908, O.6 R.17 – Amendment of Pleadings – Stage of litigation – If the application is filed after commencement of the trial, it has to be shown that inspite of due diligence, it could not have been filed earlier – The object of the Rule is that the Court should try the merits of the case for determining the real issue between the parties provided it does not cause prejudice to the opposite party – The power to allow the amendment is wide and can be exercised at any stage of litigation. (Para 15)

       (I) Civil Procedure Code, 1980 O.6 R.17 – Amendment of Written Statement – The amendment sought by the party should not be based on falsehood – If the basis for seeking amendment is proved to be false, such an amendment cannot be allowed – If prima facie, the statement made in the application for amendment is not proved to be correct, then such disputed pleadings cannot be allowed to be inserted in the pleadings by way of amendment. (Para 16)