Law: Civil Procedure Code (V of 1908)

Section: O.VI,R.17

(a) Civil Procedure Code (V of 1908)--- ----O. VI, R. 17---Plaint, amendment of---Alternative plea---Scope---Question as to whether proposed amendment would change complexion of the suit---Plaintiffs filed suit seeking declaration against the defendants that the execution of certain wills were the outcome of coercion and undue influence exercised by the widow of the deceased 'Sujjada Nasheen' of a durbar---During the pendency of the suit, the plaintiffs moved application under O. VI, R. 17, C.P.C. seeking amendment in the plaint by adding the plea that the disputed wills were forged and did not bear the signatures of the deceased---Defendants contended that the proposed amendment would change the entire complexion of the suit as the plaintiffs in their plaint had taken the stance that the disputed wills were the result of coercion and undue influence, thereby impliedly admitting that the same were executed by the deceased, but by way of proposed amendment they were now denying the very execution of the wills on the basis of forgery, which amounted to introducing an altogether new plea that was contradictory to the original pleas; held, that execution of the disputed wills was challenged basically on the ground that the deceased on account of his mental and physical health was not in a position to voluntarily execute such wills in a proper frame of mind---Only when the claim of the defendants surfaced on the basis of the disputed wills, the plea of undue influence and coercion was taken keeping in view his bad state of health but it could also give rise to the belief that even in a bad state of health (which was to be proved in evidence) the deceased may not have executed the wills himself and hence could be the result of forgery---By way of proposed amendment, all that the plaintiffs were seeking was verification of the signatures of the deceased on the disputed wills, therefore, it could not be considered to be a case of contradictory or mutually destructive pleas, which was being introduced through the proposed amendment---At best, it could be a plea in the alternative that could legitimately be taken in the circumstances of the case---Application of the…

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