MINOR BALAKUMARAN Vs. GUNASEKARAN

JUDGEMENT

(1.) BY consent, the Civil Revision petitions are taken up for disposal at the admission stage.

(2.) THIS Revision Petition is filed against the orders dated 30.11.2011 in I.A. No.380 of 2010 in O.S. No.76 of 2009 on the file of the learned District Munsif Court, Mannargudi, whereby and whereunder, the Petition filed under Order 6, Rule 17, C.P.C. for amending the Plaint came to be dismissed.

(3.) THE primary aim of the Courts is to try the cases on merits and ensure that the rule of justice prevails. For this the need is for the true facts of the case to be placed before the Courts so that the Courts have access to all the relevant information in coming to their decisions. THErefore, at times it is required to permit the parties to amend their Plaints. No doubt true that Rule 17 of Order 6, C.P.C. confers power on the Court to amend the pleadings at any stage of the proceedings. However, the Proviso to Rule 17 of Order 6, the party has to necessarily satisfy the Court that he could not have discovered that ground which was pleaded by amendment, in spite of due diligence.