Published on: 06 October 2022 at IST
Court – Supreme Court of India
Citation – LIC v. Sanjeev Builders (P) Ltd. 2022 SCC OnLine SC 1128
Hon’ble Supreme Court of India has held that Hon’ble Civil Court can allow the amendments of the plaint as well as of the written statements. It is held that amendments of the pleadings should be allowed which are necessary for determination of the real controversies but should not be allowed to alter or substitute a new cause of action on the basis of which the original lis was raised or defense taken.
It is further held that amendment should not be allowed which amounts to or relates in defeating a legal right accruing to the opposite party on account of lapse of time.
Para – 25
The principles applicable to the amendments of the plaint are equally applicable to the amendments of the written statements. The courts are more generous in allowing the amendment of the written statement as question of prejudice is less likely to operate in that event.
The defendant has a right to take alternative plea in defense which, however, is subject to an exception that by the proposed amendment other side should not be subjected to injustice and that any admission made in favor of the plaintiff is not withdrawn.
All amendments of the pleadings should be allowed which are necessary for determination of the real controversies in the suit provided the proposed amendment does not alter or substitute a new cause of action on the basis of which the original lis was raised or defense taken.
Inconsistent and contradictory allegations in negation to the admitted position of facts or mutually destructive allegations of facts should not be allowed to be incorporated by means of amendment to the pleadings. The proposed amendment should not cause such prejudice to the other side which cannot be compensated by costs.
No amendment should be allowed which amounts to or relates in defeating a legal right accruing to the opposite party on account of lapse of time.
The delay in filing the application for amendment of the pleadings should be properly compensated by costs and error or mistake which, if not fraudulent, should not be made a ground for rejecting the application for amendment of plaint or written statement.
Drafted By Abhijit Mishra
Key Words – Legal Right, Amendment, Pleadings, Written Statement.