Law:

Section:

Civil Procedure Code (V of 1908)--- ----O. VI, R. 17---Amendment of plaint---Principles---Plaintiff applied for amendment in plaint on the basis of agreement claiming to have discovered during pendency of suit---Dismissal of application for amendment---Status of discovered agreement---Effect of such a document on cause of action and prayer---Plaintiff/petitioner contended that his application to amend plaint was just to add prayer in wake of revelation of agreement in his favour by his late father and that proposed amendment would not change the nature of the suit---Respondents/defendants contended that two courts below were justified as application of the plaintiff was meant to cover loop holes which introduced a new cause of action---Validity---Plaintiff had intended to amend the plaint by insertion of an added prayer under the same cause of action by referring to the agreement by his late father in his favour---Amendment could even be allowed by court where trial was in progress, if not allowed, even in second appeal---Prayer could be asked for in a revision before the revisional court---When an appeal before Supreme Court was preferred amendment could be allowed for the consideration---Amendment, in the present case, was without any alteration of the character of the suit---Mere introduction of fresh matter through amendment which did not alter nature of the suit was not to be refused where the parties seeking amendment had acted in good faith and mala fide was not the intention behind such amendment---Amendments could be sympathetically considered even if counsel drafting the case had left over introducing a matter which must go to the root of the cause of the case---Law permitted the amendment of plaint by insertion of the reference to previous agreement---Specific issue was to be framed regarding declaration of the status of the agreement as to whether same pertained to any type of alienation or transferring the rights by father of the petitioner in favour of his son or on account of sale or by way of gift, if so, the plaintiff had cause of action---Impugned orders were set aside---Revision petition was allowed accordingly. THIS JUDGMENT DELIVERED BY:…

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