SHRI LAKHI RAM (DEAD) THROUGH LRS. versus SHRI TRIKHA RAM AND ORS.

SHRI LAKHI RAM (DEAD) THROUGH LRS. versus SHRI TRIKHA RAM AND ORS.

Amending the plaint to include an averment of readiness and willingness as required by Section 16(c) of the Specific Relief Act does not alter the cause of action and is permissible under Order 6 Rule 17 of the Code of Civil Procedure. The first appellate court was correct in allowing the amendment, and the High Court erred in setting it aside.

Parties
Appellant/plaintiff: Shri Lakhi Ram (Dead) through LRs.; Respondent/defendant No.1: Shri Trikha Ram; Respondents/subsequent Purchasers: Other Defendants (Respondents 2 & 3)
Jurisdiction
India
Judgment Date
05 February 1998
Procedural Posture
Civil Appeal / Appeal Against Order of High Court Setting Aside Amendment of Plaint
Outcome
Appeal allowed
Legal Topics
Specific Performance, Pleading Amendment, Readiness and Willingness, Order 6 Rule 17 CPC, Section 16(c) Specific Relief Act
Civil Procedure Property Law Contract Law Specific Performance Pleading Amendment Readiness and Willingness Order 6 Rule 17 CPC Section 16(c) Specific Relief Act

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Parties

Shri Lakhi Ram (Dead) through LRs.

Appellant/plaintiff

Shri Trikha Ram

Respondent/defendant No.1

Other Defendants (Respondents 2 & 3)

Respondents/subsequent Purchasers

Procedural Posture

Civil Appeal / Appeal Against Order of High Court Setting Aside Amendment of Plaint

Legal Issues

  1. 1 Whether an amendment to introduce an averment regarding readiness and willingness under Section 16(c) of the Specific Relief Act changes the cause of action and is legally permissible.

Ratio Decidendi

Amending the plaint to include an averment of readiness and willingness as required by Section 16(c) of the Specific Relief Act does not alter the cause of action and is permissible under Order 6 Rule 17 of the Code of Civil Procedure. The first appellate court was correct in allowing the amendment, and the High Court erred in setting it aside.

Court Disposition

Appeal allowed

Orders

  • Judgment and decree of High Court set aside.
  • Order of first appellate court remanding proceedings to trial court restored.