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ANIL KSHETARPAL
Ganesh Kumar – Appellant
Versus
Sanjeev Kumar Goyal – Respondent
JUDGMENT
Anil Kshetarpal, J. (Oral) - The petitioner herein is the plaintiff in a suit for grant of decree of permanent injunction. The defendants have filed a counter claim claiming that Neeru Gupta is the owner in possession, on the basis of sale deed executed, in her favour in the year 1996. The plaintiff's application for permission to amend the prayer clause in order to seek relief of declaration that the aforesaid sale deed, in favour of Neeru Gupta, is not binding on the rights of the plaintiff, has been dismissed.
2. The trial court, while dismissing the application, has held that the plaintiff now wants to seek a new relief, which was in his knowledge and the trial of the suit has also commenced and in view of the proviso to Order VI Rule 17 of the Code of Civil Procedure, 1908, the amendment cannot be allowed after the trial has commenced unless the court comes to a conclusion that inspite due diligence, parties could not raise the matter before the commencement of the trial.
3. In the facts of the present case, it is evident that the amendment sought is formal in nature. The plaintiff has already sought relief of the decree of permanent injunction. By amendment, he wants to
The court emphasized the distinction between substantive and formal amendments and applied Section 34 of the Specific Relief Act, 1963 to allow the plaintiff's amendment.
Amendments to pleadings under Order VI Rule 17 of the CPC should be permitted liberally when they arise from the same facts and are filed within the limitation period, without changing the fundamenta....
The amendment of pleadings will be allowed even after the expiry of the statutory period of limitation if it does not constitute the addition of a new cause of action or raise a different case, but a....
Amendments to a plaint are permissible before trial commences if they do not introduce a new cause of action that is time-barred, preserving the rights of the defendants.
Amendments should be allowed for effective adjudication unless they create an entirely new case or disadvantage the opposite party.
At the stage of considering an amendment of the plaint, the court is not required to inquire into the genuineness of the pleadings but to determine if the amendment would help in determining the real....
Amendments to pleadings must not change the fundamental character of the suit and should be sought with due diligence; otherwise, they may be rejected.
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