PURAN RAM versus BHAGURAM AND ANR.

PURAN RAM versus BHAGURAM AND ANR.

In a suit for specific performance, correction of description of suit property by amendment to the plaint and agreement is permissible under Section 26 of the Specific Relief Act and Order 6 Rule 17 CPC, does not change the nature of the suit, and is not barred by limitation if the original suit is within limitation; amendment relates back to filing. High Court should not interfere with trial court's discretion unless perverse or arbitrary.

Parties
Appellant: Puran Ram; Respondent No.1: Bhaguram; Respondent No.2: Respondent No.2
Jurisdiction
India
Judgment Date
29 February 2008
Procedural Posture
Civil Appeal / Appeal From High Court Judgment Reversing an Amendment Order; Appeal Partly Allowed by Supreme Court
Outcome
Appeal partly allowed; High Court's order set aside; trial court's order restored; application for amendment allowed.
Legal Topics
Specific Performance, Rectification of Instruments, Amendment of Pleadings, Limitation
Property Law Civil Procedure Specific Performance Rectification of Instruments Amendment of Pleadings Limitation

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Parties

Puran Ram

Appellant

Bhaguram

Respondent No.1

Respondent No.2

Respondent No.2

Procedural Posture

Civil Appeal / Appeal From High Court Judgment Reversing an Amendment Order; Appeal Partly Allowed by Supreme Court

Legal Issues

  1. 1 Whether amendment to correct description of suit property in plaint and agreement for sale is permissible in a suit for specific performance
  2. 2 Whether such amendment is barred by limitation or changes the nature of the suit

Ratio Decidendi

In a suit for specific performance, correction of description of suit property by amendment to the plaint and agreement is permissible under Section 26 of the Specific Relief Act and Order 6 Rule 17 CPC, does not change the nature of the suit, and is not barred by limitation if the original suit is within limitation; amendment relates back to filing. High Court should not interfere with trial court's discretion unless perverse or arbitrary.

Court Disposition

Appeal partly allowed; High Court's order set aside; trial court's order restored; application for amendment allowed.

Orders

  • Application for amendment of the plaint is allowed as prayed.
  • Respondents may file written statement or additional written statement within one month from supply of order to trial court.