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 -- Plea of amendment being barred under Order II Rule 2 CPC is, thus, misconceived and hence negatived.

(SC) Decided on : 01.09.2022

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.

(SC) Decided on : 01.09.2022

Prayer for amendment is to be allowed: (i) if the amendment is required for effective and proper adjudication of the controversy between the parties, and (ii) to avoid multiplicity of proceedings, provided (a) the amendment does not result in injustice to the other side, (b) by the amendment, the parties seeking amendment does not seek to withdraw any clear admission made by the party which confers a right on the other side and (c) the amendment does not raise a time barred claim, resulting in divesting of the other side of a valuable accrued right (in certain situations).

(SC) Decided on : 01.09.2022

Prayer for amendment is generally required to be allowed unless; (i) by the amendment, a time barred claim is sought to be introduced, in which case the fact that the claim would be time barred becomes a relevant factor for consideration, (ii) the amendment changes the nature of the suit, (iii) he prayer for amendment is malafide, or (iv) by the amendment, the other side loses a valid defence.

(SC) Decided on : 01.09.2022

In dealing with a prayer for amendment of pleadings, the court should avoid a hypertechnical approach, and is ordinarily required to be liberal especially where the opposite party can be compensated by costs.

(SC) Decided on : 01.09.2022

Where the amendment would enable the court to pin-pointedly consider the dispute and would aid in rendering a more satisfactory decision, the prayer for amendment should be allowed. -- Where the amendment merely sought to introduce an additional or a new approach without introducing a time barred cause of action, the amendment is liable to be allowed even after expiry of limitation. -- Amendment may be justifiably allowed where it is intended to rectify the absence of material particulars in the plaint. -- Delay in applying for amendment alone is not a ground to disallow the prayer. Where the aspect of delay is arguable, the prayer for amendment could be allowed and the issue of limitation framed separately for decision.

(SC) Decided on : 01.09.2022

Where the amendment changes the nature of the suit or the cause of action, so as to set up an entirely new case, foreign to the case set up in the plaint, the amendment must be disallowed -- Where, however, the amendment sought is only with respect to the relief in the plaint, and is predicated on facts which are already pleaded in the plaint, ordinarily the amendment is required to be allowed.

(SC) Decided on : 01.09.2022

Where the amendment is sought before commencement of trial, the court is required to be liberal in its approach -- The court is required to bear in mind the fact that the opposite party would have a chance to meet the case set up in amendment -- As such, where the amendment does not result in irreparable prejudice to the opposite party, or divest the opposite party of an advantage which it had secured as a result of an admission by the party seeking amendment, the amendment is required to be allowed -- Equally, where the amendment is necessary for the court to effectively adjudicate on the main issues in controversy between the parties, the amendment should be allowed.

(SC) Decided on : 01.09.2022

Subsequent purchaser as party-defendant – Suit for specific performance – By amendment plaintiff only seeks to introduce the subsequent events relating to the alienation of the suit property -- Application filed by the petitioner/plaintiff under Order 6 Rule 17 CPC read with Order 1 Rule 10 CPC allowed.

(P&H HC) Decided on: 27.07.2022

Application moved by the plaintiffs for amendment does not relate to pleading of a material fact, rather talks of an admission by defendant -- At the most, the plaintiffs may come up with a plea of estoppel, however, under the circumstances, the amendment of the plaint is not found to be necessary for just decision of the case.

(P&H HC) Decided on: 31.08.2021

Suit challenging gift deed – Defendant executed lease deed – Trial Court dismissed application -- Held, any transaction with respect to the suit property during the pendency of the suit is governed by the principle of lis pendens -- Trial has already made substantial progress -- No ground to exercise its jurisdiction under Article 227 of the Constitution of India is made out.

(P&H HC) Decided on: 12.08.2021

Application dismissed – Observations of – Effect of -- It is well settled that observations made while deciding applications are never binding while finally deciding the suit.

(P&H HC) Decided on: 08.04.2021

Refund of earnest money -- Suit for specific performance of an agreement to sell -- Suit was at the stage of examination of defendant witnesses -- Trial Court allowed plaintiff to amend the plaint – Court do not find any manifest illegality in the order of the trial Court.

(P&H HC) Decided on: 20.02.2020