Introduction

• This case deals with Order 6 Rule 17 of the Code of Civil Procedure, 1908 (CPC) which talks about the concept of Amendment of pleadings.
• Under the aforementioned order the court may at any time allow the parties to amend the pleading unless or until a new cause of action arises from the pleadings.
• The decision to amend the pleadings totally depends upon the discretion of the court.

Facts

• In this case the plaintiff M/s Ganesh Trading & Co. had filed a suit through Shri Jai Prakash, a partner of that firm based on promissory note for recovery of Rs. 68000/-.
• After filing of the written statement was filed, the plaintiff filed an application for amendment of pleading on the ground of inadvertent omission to mention the material fact that the firm had been dissolved before the institution of the suit to enable the court to consider and decide the subject matter of the suit in its true perspective and to meet ends of justice.
• The Trial Court and the High Court refused to allow amendment of pleading on the ground that it would amount to the introduction of a new time barred cause of action.
• The plaintiff challenged the order before the Supreme Court.

Issue Involved

Whether the amendment of the pleadings will arise a new cause of action in the pleading?

Observations

• The Court observed that Procedural law is intended to facilitate and not to obstruct the course of substantive justice.
• Provisions relating to pleadings in civil cases are meant to give to each side intimation of the case of the other so that it may enable Courts to determine what is really at issue between parties, and to prevent deviations from the course.
• The Court further observed that, the suit having been instituted by one of the partners of a dissolved firm, the mere specification of the capacity in which the suit was filed could not change the character of the suit or the case.
• The Court further observed that the amended pleading will not make any difference to the rest of the pleadings or to the cause of action.

Conclusion

The Court finally held that the amendment of pleading will not alter the cause of action and the Court allowed the appeal to amend the pleadings and set aside the orders of the Trial Court and the High Court.

Notes

Order 6 Rule 17: Amendment of Pleadings

The Court may at any stage of the proceedings allow either party to alter or amend his pleadings in such manner and on such terms as may be just, and all such amendments shall be made as may be necessary for the purpose of determining the real questions in controversy between the parties.

Provided that no application for the amendment shall be allowed after the trial has commenced, unless the Court comes to the conclusion that in spite of due diligence the party could not have raise the matter before the commencement of the trial.