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Madras High Court· 23 September 2026

Can an amendment to the plaint be allowed where it causes prejudice or injustice to the other side?

M. Veerapandian v. Mathivannan
CRP.677/2023 · CRP No. 677 of 2023
Coram: Justice R.Rajesh Vivekananthan
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Answer

An amendment to the plaint cannot be allowed where it causes prejudice or injustice to the other side.

No. An amendment to the plaint cannot be allowed where it causes prejudice or injustice to the other side. The Court read the authorities relied on by the party seeking the amendment as themselves conditioning the liberal approach on the absence of injustice to the opposite party, and held that including properties standing in the names of other defendants, after a lapse of years, would cause exactly that injustice. The liberality of Order VI Rule 17 does not permit a party to add schedule items one after another by successive applications.

Headnote

Code of Civil Procedure, 1908 — Or.VI r.17 — Amendment of plaint — Partition suit — Bona fides and delay — Prejudice to the opposite side — Code of Civil Procedure, 1908 — Or.VI r.17 — Leave to amend — Want of a bona fide explanation — Held: Leave to amend a plaint must be refused where no bona fide reason is given for the earlier non-inclusion of the property. A party who knew of the property when the plaint was presented shows no sufficient cause. (¶14, 19) Code of Civil Procedure, 1908 — Or.VI r.17 — Liberal approach — Injustice to the other side — Held further: The liberal approach to pre-trial amendment in a partition suit does not extend to an amendment that causes prejudice or injustice to the other side. Civil revision dismissed. (¶17, 20)

Headnote

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In the Court's own words
Paragraph 17It is true that the Court shall take a liberal view in allowing the amendment of plaint under Order VI, Rule 17 of CPC, especially, in partition suits to include the properties by way of amendment to avoid multiplicity of proceedings, for the effective and proper adjudication of the partition suit. But, at the same time, the petitioner cannot act as per his whims and fancies so as to include the schedule property one after the other by filing the amendment petitions, is rightly held by the Trial Court. On relying upon the said judgement, this court finds that the petitioner has not provided any sufficient reason of bona fide intention for filing the petition after a lapse of 8 years and his failure to mention the proposed properties in the plaint even when its existence was within his knowledge, which as per this Court, a dishonest one. Therefore, such amendment is allowed, it will cause prejudice or injustice to the respondents 7 and 8. The judgments relied on by the petitioner in the cases of Life Insurance Corporation of India and Dinesh Goyal @ Pappu also held the amendment can be allowed if it does not result in injustice to the other side. As held by this above judgment, the present amendment will cause injustice to the respondents, therefore, the said judgments will not come into the aid of the petitioner.
Acts & Sections
Order VI Rule 17 Code of Civil Procedure, 1908

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Also decided in this judgment
Must leave to amend a plaint under Order VI Rule 17 of the Code of Civil Procedure, 1908 be refused where no bona fide reason is given for the earlier non-inclusion?
Plain-language answer prepared by the LexStreak Editorial Desk — verify against the judgment. Source: Madras High Court. Corrections