Facts of the Case
- X filed a suit for declaration under relevant provisions of the Specific Relief Act.
- While drafting the plaint, X omitted some material facts crucial to his claim.
- He also included typographical errors that may hinder the clear presentation of his case.
- Upon reviewing the plaint, X decided to correct these issues to present a more accurate case before the court.
Issues in the Case
- Can a plaintiff amend the plaint after submission to include omitted facts and correct errors?
- Does the Code of Civil Procedure, 1908 permit such amendments during ongoing proceedings?
- Will allowing these changes prejudice the defendant or change the nature of the original suit?
- How should the court exercise its discretion under procedural law to address these modifications?
Principles Associated With It
- Order VI Rule 17 of the CPC empowers courts to allow amendments at any stage if needed to resolve the real controversy.
- The proviso to Rule 17 restricts amendments after the trial begins unless the party proves that due diligence could not uncover the facts earlier.
- Courts focus on substantial justice over technicalities, especially when genuine mistakes or omissions surface.
- Amendments must not introduce a completely new or contradictory cause of action.
- Courts assess whether the proposed amendment causes injustice, delays the trial, or changes the original nature of the case.
Judgement
- Courts generally permit amendments that help in adjudicating the real dispute and do not prejudice the other side.
- In Rajkumar Gurawara v. S.K. Sarwagi & Co. Pvt. Ltd., the Supreme Court emphasized a liberal approach to amendment to prevent multiple litigations.
- Revajeetu Builders & Developers v. Narayanaswamy & Sons laid down tests including delay, nature of amendment, and impact on justice.
- In Baldev Singh v. Manohar Singh, the Court allowed an amendment after trial commencement as it aligned with the original cause of action.
- X should file an application under Order VI Rule 17 CPC, requesting permission to amend the plaint by including omitted facts and correcting typographical errors, ensuring the request complies with the stated principles.
