Allahabad HC: Amendment of pleading must be incorporated in there is subsequent development of Subject Matter to meet the Ends of Justice

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In this petition, the petitioner seeks to set aside the order by Additional District Judge VI seeking amendments in his plaint during the pendency of the Civil Appeal and his contention was that the amendments which are sought to be incorporated relate to certain facts which were available to be pleaded by the plaintiff at the stage of filing of the suit and as such the amendments ought not to have been allowed.

To this, the Court said that the amendments sought in the plaint relate to certain subsequent developments which are with regard to certain alleged constructions being raised by the defendant over the disputed land during the pendency of the appeal and as such, it cannot be said that those facts were available at the time of filing of the suit. All material facts and necessary particulars are required to be stated in the pleadings and the decision cannot be based on the grounds outside the pleadings but there may be situations where a party may find it necessary to amend its pleadings particularly in a case of subsequent developments which may have a material bearing on the case.

The object of Rule 17 under Order VI C.P.C. is that the Courts should try the case on its merits and should consequently allow all amendments that may be necessary for determining the real question in controversy between the parties provided the same does not cause injustice or prejudice to the other side. The basic purpose being for doing justice between the parties and not for punishing them, courts are empowered to grant amendments of pleadings in the larger interest of doing full and complete justice to the parties. The provisions for the amendment of the pleadings are therefore intended for promoting the ends of justice and not for defeating them. The discretion in allowing amendments is thus to be liberally exercised so that multiplicity of proceedings are avoided and amendments which do not totally alter the character of action should be readily granted.

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The court further said while deciding the application for amendment ordinarily the Court must not refuse bona fide, legitimate, honest and necessary amendments and should never permit mala fide and dishonest amendments. The purpose and object of Order 6 Rule 17 of the Code are to allow either party to alter or amend his pleadings in such manner and on such terms as may be just. Amendment cannot be claimed as a matter of right and under all circumstances.

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