Amendments to pleadings should be allowed before trial commencement to ensure effective adjudication, provided they do not cause injustice to the other party.

ORAL ORDER

(PER: THE HON'BLE MR. JUSTICE ASHOK S. KINAGI)

This writ petition is filed by the petitioner, challenging the order on I.A.IV dated 25.5.2022, in O.S. No.60/2020, by the learned Senior Civil Judge and Principal JMFC, Sirsi.

2. Brief facts leading rise to the filing of this writ petition are as follows.

The petitioner filed a suit, against the respondents in O.S.60/2020 on the file of Senior Civil Judge and Principal JMFC, Sirsi. In the said suit, the petitioner filed an application- I.A.I seeking an order of temporary injunction, restraining the respondents from interfering with the peaceful possession and enjoyment of suit property. The trial Court granted an ad- interim order of temporary injunction. The petitioner also filed I.A.2 seeking an order of temporary injunction, restraining respondent No.2 from alienating or encumbering over the suit schedule property. The trial Court rejected I.A.2. The said order was challenged in MFA No.101392/2021 on the file of this Court. This Court directed the parties to maintain status quo.

2.1. The petitioner filed an application-I.A.IV for amendment to the plaint. The said application was opposed by the respondents. The trial Court rejected the application. Hence, this writ petition.

3. Heard learned counsel for the petitioner and the learned counsel for the respondents.

4. The learned counsel for the petitioner submits that the petitioner has filed an application for amendment to the plaint before commencement of the trial. The trial Court could allow the application for amendment, before commencement of the trial. He contends that the trial Court has failed to consider the guidelines issued by the Hon’ble Apex Court in this regard and therefore, it is contrary to the law laid down by the Hon’ble Apex Court. Hence, on these grounds, he prays to allow the writ petition.

5. Per contra, the learned counsel for respondent No.2 submits that there is no cause of action to file the suit for injunction. He submits that if the application for amendment is allowed, it consumes considerable length of time for disposal of suit. Hence, on these grounds, he prays to dismiss the writ petition.

6. Perused the records, and considered the submissions of the learned counsel for the parties.

7. The petitioner filed a suit for permanent injunction. The respondents filed a written statement. The trial Court has not yet commenced the trial. Before the commencement of trial, the petitioner filed an application for amendment to the plaint. The amendment can be allowed before the commencement of trial as per Order VI Rule 17 of CPC. The petitioner, by way of proposed amendment, wanted to explain that due to oversight, the prayer to grant the permanent injunction has not been mentioned and seeks the inclusion of the prayer.

8. As the application for amendment of the plaint is filed, before the commencement of trial, the trial Court has committed an error in rejecting the application filed by the petitioner. The order passed by the trial Court is contrary to the law laid down by the Hon’ble Apex Court. In the case of Life Insurance Corporation of India vs. Sanjeev Builders Private Limited & Anr., reported in 2022 SCC Online SC 1128 where Hon’ble Apex Court in Para 70 held that :

“70. Our final conclusions may be summed up thus:

(i) Order II Rule 2 CPC operates as a bar against a subsequent suit if the requisite conditions for application thereof are satisfied and the field of amendment of pleadings falls far beyond its purview. The plea of amendment being barred under Order II Rule 2 CPC is, thus, misconceived and hence negatived.

(ii) All amendments are to be allowed which are necessary for determining the real question in controversy provided it does not cause injustice or prejudice to the other side. This is mandatory, as is apparent from the use of the word “shall”, in the latter part of Order VI Rule 17 of the CPC.

(iii) The prayer for amendment is to be allowed

(i) if the amendment is required for effective and