Limitation For Amendment Of Pleadings Must Be Decided In Reference To Stage Of Suit, Not Date Of Filing Of Suit: Allahabad High Court

The Allahabad High Court has held that limitation for filing amendment application in a suit must be decided in reference to the stage at which the suit is, rather than from the date on which the suit was instituted. Observing that the jurisdiction to allow amendments at any stage is provided under Order VI Rule 17 of CPC, Justice Manish Kumar Nigam held,“Such amendments as are directed towards putting-form and seeking determination of the real question in controversy between the parties shall be permitted to be made. The question of delay in moving an application for amendment should be decided not by calculating the period from the date of institution of the suit alone but by reference to the stage to which the hearing in the suit has proceeded. Pre-trial amendments are allowed more liberally than those which are sought to be made after the commencement of the trial or after conclusion thereof.”In 2015, the petitioner instituted a suit seeking declaration of the property in his name relying on the Will of the original owner of the property. In 2022, the petitioner-plaintiff filed an amendment application alleging that during the pendency of the suit, the defendant had forcibly taken possession of the property. However, the amendment application was dismissed by the Trial Court on grounds that the delay in filing the same was not explained and that it could not be entertained after framing of the issues. The revision against the dismissal was also dismissed. Petitioner approached the High Court on grounds that the relief sought through amendment was a consequential relief and the amendment application was filed to avoid multiplicity of proceedings. The Court observed that the amendment application was filed within 3 years from the date on which the defendant had forcibly taken possession of the property. It held,“amendment sought by the plaintiff was only to incorporate a relief, which was based on a cause of action which arose after filing of the suit...Once a separate suit is permissible, there is no reason to deny a relief by amendment in the pending suit as the same will avoid multiplicity of the proceedings.”The Court held that the merits of the amendment sought to be made cannot be prejudged at the time of allowing/ disallowing the amendment application as issue of possession is a matter of fact which has to be decided based on evidence led by the parties. Observing that only issues were framed and no evidences had been led by the parties, the Court held that rejection of the amendment application was erroneous. Exercising powers under Article 227 of the Constitution of India, the Court allowed the amendment application.Case Title: Anendra Singh v. Ram Kishan and anotherClick Here To Read/Download Order

Limitation For Amendment Of Pleadings Must Be Decided In Reference To Stage Of Suit, Not Date Of Filing Of Suit: Allahabad High Court

Upasna Agrawal

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