IMPORTANT POINT
Amendment of plaint – Suit for specific performance of agreement to sell – Proposed amendment which is elaborative in nature, can be allowed.

JUDGMENT

Heard learned counsel for the parties.

2. Present petition under article 227 of Constitution of India has been filed by the defendant/petitioner for quashing the order dated 30.11.2021 (Annexure-5) passed by the court of Civil Judge (Sr. Division)-I, Latehar, in Civil Miscellaneous Application No.26 of 2021 arising out of Original Suit No.04 of 2021, whereby and whereunder, learned Civil Judge (Sr. Division)-I has allowed the application dated 25.08.2021 filed by the plaintiff/respondent under order VI, Rule 17 read with 151 of CPC (Annexure-3) on the ground that proposed amendments are elaborative in nature and also granted opportunity to the defendant/petitioner to file reply to the proposed amendments, if any.

3. Learned counsel for the defendant/petitioner has submitted that impugned order is absolutely illegal and liable to be set aside. The proposed amendments at the instance of plaintiff/respondent, not only changed the area of the land agreed to be sold but also the consideration amount paid. The proposed amendments alter the very fabric of the suit and its foundational facts which is not warranted under law. As such, the learned court below has exceeded its jurisdiction while allowing the amendment application, which is fit to be set-aside.

4. On the other hand, learned counsel for the plaintiff/respondent has submitted that the proposed amendments do not alter or change the nature of suit, rather the amendments are based on adding some facts which are only elaborative of the main cause of action. The proposed amendments were sought very promptly just after institution of the suit and before settlement of the issues. The defendant/petitioner has been provided proper opportunities to place his own case in rebuttal of the amended plaint. Moreover, at present the suit is running at the stage of argument after conclusion of evidence of both parties. The learned court below has rightly exercised its jurisdiction while allowing the application of the plaintiff/respondent.

5. It appears that after institution of the original suit No.04 of 2021, the defendant/petitioner appeared and filed his written statements. Thereafter, the application dated 25.08.2021 for the proposed amendments was filed on or before the settlement of issues. The proposed amendments in a suit for specific performance of contract to sale immovable property seeks increase in the area and also consideration amount already paid as per agreement entered into between the parties.

6. It appears from the impugned order that learned court below has considered the ratio of judgments in following cases:—

(i) 2021(2) JBCJ 392 (Akhileshwar Tiwari vs. Kanhaiya Lal)

(ii) 2020(3) JMCJ 627 (Smt. Parvati Devi alias Parvati Sinha vs. Madhusudan Mukherjee and Others)

(iii) 2019 SCC online S.C. 300 (Varun Pahwa vs. Renu Choudhary)

(iv) 2015 Supreme Appeal Reporter (Civil) 358 (Mount Mary Enterprises vs. M/s Jivratna Medi Treat)

(v) 2015 Supreme Appeal Reporter (Civil) 815 at 816 (Mahila Ramkali Devi vs. Nand Ram)

(vi) 2012 Supreme Appeal Reporter (Civil) 342 (Ramesh Kumar Agarwal vs. Rajmala Exports Private Limited and Other)

(vii) 2001 Supreme Appeal Reporter (Civil) 145 (Ragu Thilak D John vs. S Rayappan and Others)

(viii) 2011(2) J.L.J.R. 547 (Satlal Mahto vs. Rudlal Mahto and Others)

(ix) 2010 (4) J.L.J.R. 682 (Ayodhya Prasad Gupta vs. Bhagwan Sharma and Others)

(x) 2010 (2) J.L.J.R. 560 (Smt. Ambika Mahatain and Another vs. Kalpana Roy Choudhary)

(xi) 2008 (2) J.L.J.R. 46(SC) (Usha Devi vs. Rizwan Ahmad)

(xii) 2007(2) J.L.J.R 403 (Amibka Devi vs. Laxmi Kant Soni)

(xiii) 2007(2) J.L.J.R. 35 (Shyama Charan Mishra vs. Kamla Divya

(xiv) 2005 (1) J.L.J.R. 510 (Ravinder Mahto vs. Manoranjan Mahto

(xv) 2003(1) J.L.J.R. 499 (Smt. Prabha Devi vs. Smt. Rita Prasad and another)

(xvi) 2003 (1) J.L.J.R. 232 (Bikrama Tiwari vs. Santosh Kumar Kashyap)

7. Learned court below has also considered the points agitated in the rejoinder of the defenda