Can an amendment to the plaint be allowed where it causes prejudice or injustice to the other side?
Coram: Justice R.Rajesh Vivekananthan
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.
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)
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