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Change in relief sought on the said basis would not change the nature of the suit
Civil Procedure Code, 1908, O. 6 R. 17 - Amendment of Pleadings - Held, it is settled law that if necessary factual basis for amendment is already contained in the plaint, the relief sought on the said basis would not change the nature of the suit - Challenge to the voidness of the sale deed was implicit in the factual matrix of the unamended plaint, therefore the relief of cancellation of sale deeds as sought by amendment does not change the nature of the suit
We reiterate that all amendments which are necessary for the purpose of determining the real questions in controversy between the parties should be allowed if it does not change the basic nature of the suit. A change in the nature of relief claimed shall not be considered as a change in the nature or suit and the power of amendment should be exercised in the larger interests of doing full and complete justice between the parties.In the light of various principles we are satisfied that the appellants have made out a case for amendment and by allowing the same, the respondents herein (Defendant Nos. 1-3) are in no way prejudiced and they are also entitled to file additional written statement if they so desire. Accordingly, the order of the trial court dated 06.06.2007 dismissing the application for amendment of plaint in Suit No. 320 of 2003 as well as the High Court in Civil Revision No. 4486 of 2007 dated 13.11.2007 are set aside. The application for amendment is allowed. Since the suit is of the year 2003, Court direct the trial Court to dispose of the same within a period of six months from the date of receipt of copy of the judgment after affording opportunity to all the parties concerned. The appeal is allowed. No order as to costs. (Abdul Rehman and another Vs. Mohd. Ruldu and others; (2012) (30) LCD 2032 Supreme Court)
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