LAKSHMI Vs. YATHEENDRADAS

JUDGEMENT

(1.) The singular aspect on which this appeal pirouettes is if an Appellate Court can permit amendments to pleadings at the stage of appeal, in the face of the introduction of the proviso to Order VI Rule 17 of the Code of Civil Procedure ("CPC" for brevity hereinafter), through the amendment in the year, 2002.

(2.) The Appellate Court, in this case, allowed the application for amendment of the plaint and its schedule on the application of the plaintiffs, who had lost the suit; consequently, remanding the matter to the Trial Court for its fresh disposal, based on such amendment.

(3.) The order of the Appellate Court has been assailed by the defendants in the suit through this FAO, contending for the position that amendment to the pleadings, as now permitted by the Appellate Court, are impermissible after the proviso to Order VI Rule 17 of the CPC had been brought in through the CPC Amendment Act, 2002 (Act 22 of 2002); and wherefore that the order of remand for fresh disposal of the suit is untenable.