SUPREME COURT OF INDIA

Before:- V.N. Khare and N. Santosh Hegde, JJ.

Civil Appeal No. 2995 of 2001 (Arising out of SLP (C) No. 11114 of 2000). D/d. 23.4.2001

Kanraj C. Shah - Appellant

Versus

R. Thankaraj & Anr. - Respondents

Civil Procedure Code, 1908, Order 6 Rule 17 - Amendment of plaint - Suit for declaration and injunction - Application filed by defendant-respondents for amendment of written statement allowed - In view of said amendment appellant-plaintiff moved application for amendment of plaint by incorporating therein that unregistered sale deed is invalid - Court not justified in refusing to permit the appellant-plaintiff to amend the plaint - Application for amendment of plaint allowed.

[Paras 2 and 3]

ORDER

V.N. Khare, J. - Leave granted.

Heard counsel for the parties.

2. The appellant herein filed a suit for declaration and injunction. Subsequently, the defendant-respondents moved an application for amendment of written statement filed by them. The said amendment application was allowed. In view of the said amendment, the plaintiff-appellant also moved an application for amendment of the plaint by incorporating therein that the unregistered sale deed is invalid. The said application was rejected by the trial Court. A revision against the said order filed before the High Court was dismissed. However, the High Court permitted the plaintiff-appellant to lead evidence on the question of invalidity of the unregistered sale deed.

3. After we heard the matter, we find that, in view of the facts and circumstances of the case, the Court was not justified in refusing to permit the plaintiff-appellant to amend the plaint. Accordingly, the application for amendment is allowed. However, it would be open to the defendant-respondents to raise any contention borne out from the written statement before the trial Court.

The appeal is allowed. No costs.

Appeal allowed.