Law: Civil Procedure Code (V of 1908)

Section: 17

Civil Procedure Code (V of 1908)--- ----O. VI, R. 17---Amendment of plaint---Scope---Suit for specific performance of oral agreement to sell--- Respondents/plaintiffs (vendees) filed a suit for specific performance of a purported oral sale agreement against the defendant (vendor)---After filing of the said suit the vendor passed away and some of her legal heirs were brought on the record---Petitioner, who claimed to be one of the legal heirs of the vendor was not arrayed as a legal heir in the suit, therefore, he submitted an application for his impleadment in the suit as a defendant, which was allowed---Once the evidence in the suit was led and concluded, the respondents (vendees) filed an application seeking amendment of the plaint, alleging that the petitioner was not the son of the deceased vendor---Said application was dismissed by the Trial Court, however, the same was allowed by the revisional Court, whose order was sustained by the High Court in the impugned ---Validity---Interest of the respondents was better protected with the petitioner remaining a defendant, since in the eventuality that the suit were to be decreed without petitioner being arrayed as a party then he may file an application, under section 12(2), C.P.C., stating that the decree was obtained by fraud since he was a necessary party being a legal heir, yet was not arrayed as a defendant, and sought to set aside such decree---Respondents wanted to amend their plaint by challenging petitioners paternity/maternity which had no connection with a suit which sought specific performance of a purported agreement---Defendants in the suit, including the petitioner, were keen to proceed with the suit, filed by the respondents nineteen years ago, but the respondents were delaying its conclusion, giving credence to the petitioners contention that since the respondents were in possession of the suit property they did not want the suit to be decided---In the facts and circumstances of the case, Trial Court had rightly dismissed the respondents application for amendment of the plaint---Petition for leave to appeal was converted into appeal and allowed, impugned orders of the revisional court and the…

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