Case Note & Summary
The appeal arose from a partition suit filed by respondent No.1 (plaintiff) in the City Civil Court, Ahmedabad, in 1990. The plaintiff sought amendment of the plaint, which was rejected by the Trial Court on 23.02.2007. The plaintiff then filed a Special Civil Application before the Gujarat High Court, which allowed the amendment. The proposed defendants appealed to the Supreme Court. The Supreme Court held that the amendment was belated, sought after the trial was almost over and the case was fixed for final arguments, and was not necessary for deciding the suit. The Court allowed the appeal, set aside the High Court's order, restored the Trial Court's order rejecting the amendment, and directed the Trial Court to decide the suit within one month.
Headnote
A) Civil Procedure - Amendment of Plaint - Belated Amendment - The plaintiff sought amendment of plaint after trial was almost over and case was fixed for final arguments - The Supreme Court held that the amendment was wholly belated, unnecessary for determination of issues, and the suit could be decided without it - The High Court's order allowing amendment was set aside and trial court's order rejecting amendment was restored (Paras 10-11).
Issue of Consideration
Whether the High Court was justified in allowing the Special Civil Application and thereby allowing the amendment application filed by the plaintiff.
Final Decision
The Supreme Court allowed the appeal, set aside the High Court's order dated 08.01.2008, restored the Trial Court's order dated 23.02.2007 rejecting the amendment application, and directed the Trial Court to decide the civil suit within one month.
Law Points
- Amendment of pleadings
- belated amendment
- trial almost over
- no necessity for amendment
- restoration of trial court order
Case Details
2019 LawText (SC) (2) 156
Civil Appeal No. 2012 of 2019 (Arising out of S.L.P.(C) No.1873 of 2012)
Abhay Manohar Sapre, Dinesh Maheshwari
Mr. P.H. Parekh (for appellants), Mr. Priank Adhayarn (for respondents)
Vijay Hathising Shah & Anr.
Gitaben Parshottamdas Mukhi & Ors.
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Nature of Litigation
Civil suit for partition of suit land and consequential reliefs.
Remedy Sought
The plaintiff (respondent No.1) sought amendment of the plaint in the partition suit.
Filing Reason
The plaintiff wanted to amend the plaint, but the Trial Court rejected the application.
Previous Decisions
Trial Court rejected amendment application on 23.02.2007; High Court allowed it on 08.01.2008.
Issues
Whether the High Court was justified in allowing the amendment application when the trial was almost over and the amendment was belated and unnecessary.
Submissions/Arguments
Appellants (proposed defendants) argued that the amendment was belated and unnecessary.
Respondent No.1 (plaintiff) supported the High Court's order allowing amendment.
Ratio Decidendi
Amendment of plaint sought after trial is almost over and when the suit can be decided without it is belated and unnecessary; such amendment should be rejected.
Judgment Excerpts
First, it was wholly belated; Second, respondent No.1(plaintiff) filed the application for amendment of the plaint when the trial in the suit was almost over and the case was fixed for final arguments; and Third, the suit could still be decided even without there being any necessity to seek any amendment in the plaint.
Procedural History
Civil Suit No.6170 of 1990 filed in City Civil Court, Ahmedabad. Plaintiff filed amendment application, rejected by Trial Court on 23.02.2007. Plaintiff filed Special Civil Application No.6737/2007 in Gujarat High Court, which allowed it on 08.01.2008. Proposed defendants appealed to Supreme Court by special leave, resulting in Civil Appeal No.2012 of 2019, decided on 25.02.2019.
Acts & Sections
- Code of Civil Procedure, 1908: Order VI Rule 17
