CAPRICON ONE Vs. RAGHBIR SINGH

JUDGEMENT

(1.) This is an application for amendment of the plaint under Order 6 Rule 17 of the Code of Civil Procedure. The later half of this Rule makes it mandatory for allowing that all amendments necessary for the purpose of determining the real question in controversy between the parties. The Hon'ble Supreme Court in its various decisions has laid down that amendments to pleadings should be liberally granted wherever justice so required. Undoubtedly, in the context of permitting amendments to side can be compensated by the panacea of costs. Where, however, the proposed amendment would introduce a totally different, new and inconsistent case, costs would not be an appropriate recompense and, hence the amendment of this nature ought not to be allowed.

(2.) By this application the plaintiff prays, apart from other incidental changes, for the deletion of the words "out of Khasra No. 207 (min) "and substitution in its place of the words "bearing (survey) plot No. Old F-126 new 126,Katwaria Sarai, Tehsil Mehrauli, New Delhi" The prayer clause is also sought to be amended in order to incorporate this change.

(3.) The objection of the defendant, succinctly stated is that defendant No.l has offered to sell two plots to the plaintiff at the following rates: