O.6, R.17 – Amendment in plaint

O.6, R.17 – Amendment in plaint – Suit filed for declaration on the basis of reversionary rights was decreed ex parte consequence. Held -At the time when the application for amendment was preferred, only two official witnesses were examined. The nature of amendment as proposed neither changes the character and nature of the suit nor does it introduce any fresh ground. The High Court itself was conscious that the amendment would not change the nature of the suit. In the given circumstances, in our view, the amendment ought to have been allowed. The Supreme Court, in a series of decisions has held that the power to allow the amendment is wide and can be exercised at any stage of the proceeding in the interest of justice. The main purpose of allowing the amendment is to minimise the litigation and the plea that the relief sought by way of amendment was barred by time is to be considered in the light of the facts and circumstances of each case.

 Case Law:

 Gurbakhsh Singh v. Buta Singh,

 Citation:

 AIR 2018 SC 2635.