B.K.N. PILLAI versus P. PILLAI AND ANR.

B.K.N. PILLAI versus P. PILLAI AND ANR.

The appellant-defendant should be permitted to amend the written statement to incorporate the plea for benefit under Section 60(b) of the Indian Easements Act, 1882, as it is neither inconsistent nor repugnant to existing pleas, constitutes an extension of the defence, and court's power to allow amendments is wide and should be exercised liberally, subject to compensation by costs.

Parties
Appellant Defendant: B.K.N. Pillai; Respondent Plaintiff: P. Pillai; Respondents: P. Pillai and Anr.
Jurisdiction
India
Judgment Date
13 December 1999
Procedural Posture
Civil Appeal / Appeal From High Court Judgment
Outcome
Appeals allowed. Orders of trial court and High Court set aside.
Legal Topics
Amendment of Pleadings, Order 6 Rule 17
Civil Procedure Amendment of Pleadings Order 6 Rule 17

Case Brief

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Parties

B.K.N. Pillai

Appellant Defendant

P. Pillai

Respondent Plaintiff

P. Pillai and Anr.

Respondents

Procedural Posture

Civil Appeal / Appeal From High Court Judgment

Legal Issues

  1. 1 Whether the appellant-defendant should be allowed to amend the written statement to plead entitlement to the benefit of Section 60(b) of the Indian Easements Act, 1882.
  2. 2 Whether such amendment constitutes withdrawal of admission or introduces a new cause of action.

Ratio Decidendi

The appellant-defendant should be permitted to amend the written statement to incorporate the plea for benefit under Section 60(b) of the Indian Easements Act, 1882, as it is neither inconsistent nor repugnant to existing pleas, constitutes an extension of the defence, and court's power to allow amendments is wide and should be exercised liberally, subject to compensation by costs.

Court Disposition

Appeals allowed. Orders of trial court and High Court set aside.

Orders

  • Appellant-defendant permitted to amend written statement to incorporate entitlement to benefit of Section 60(b) of the Indian Easements Act, 1882, upon payment of all arrears of licence fee and costs assessed at Rs. 3,000 within one month from the date parties appear in Trial Court.
  • Payment and receipt of arrears of licence fee shall be without prejudice to rights of the parties to be adjudicated by the trial court.