Amendments to pleadings to incorporate subsequent events are permissible under Order VI Rule 17 of CPC, as established by Supreme Court precedents.

1. This petition by the plaintiffs in O.S.No.490/2021 on the file of the III Additional Civil Judge and J.M.F.C., Anekal, is directed against the impugned order dated 22.11.2023, whereby the application filed by the petitioners – plaintiffs under Order VI Rule 17 of CPC, seeking amendment of the plaint, was rejected by the Trial Court.

2. A perusal of the material on record would indicate that the petitioners – plaintiffs instituted the aforesaid suit against the respondents – defendants for permanent injunction and other reliefs in relation to the suit schedule immovable property. The said suit is being contested by the respondents – defendants. Prior to commencement of trial, the petitioners – plaintiffs filed the instant application seeking amendment of the plaint by incorporating Paragraphs 11(a), 11(b), 11(c) seeking to put forth certain contentions in relation to the subsequent events that were alleged to have transpired during the pendency of the suit. The said application having been contested by the respondents – defendants, the Trial Court proceeded to pass the impugned order rejecting the application on the ground that the amendment of pleadings incorporating subsequent events is not permissible in law.

3. In my considered opinion, the said reasoning of the Trial Court to the effect that the subsequent events cannot be incorporated by way of amendment is contrary to various judgments of the Hon’ble Apex Court and this Court including judgment of Sampath Kumar Vs. Ayyakannu and Others, AIR 2002 SC 3369, wherein the Hon’ble Apex Court clearly held that the party can seek amendment of pleadings by putting forth subsequent events which had allegedly transpired during the pendency of the suit and subsequent to its institution. At any rate, since the respondents – defendants would have an opportunity to file their additional written statement to the amended plaint and put forth and contest the said amended pleadings and in the light of the judgment of the Hon’ble Apex Court in the case of Rajesh Kumar Aggarwal & Ors Vs. K.K. Modi & Ors, AIR 2006 SC 1647, wherein it is held that the merits of the amendment cannot be gone into at the time of considering an application for amendment, I am of the considered opinion that the impugned order passed by the Trial Court deserves to be set-aside and the application filed by the respondents – plaintiffs deserves to be allowed.

4. In the result, the following;

ORDER (i) The petition is hereby allowed.

(ii) The impugned order is hereby set-aside.

(iii) The application filed by the petitioners – plaintiffs on 05.09.2022 under Order VI Rule 17 of CPC is hereby allowed.

(iv) Liberty is reserved in favour of the respondents – defendants to file additional written statement to the amended plaint.

(v) All rival contentions on all aspects of the matter including the amended pleadings are kept open and no opinion is expressed on the same.