RAJENDRA SHANKER TRIPATHI Vs. AJAY KUMAR GUPTA

JUDGEMENT

(1.) HEARD learned Counsel for the opposite parties.

(2.) PLACING reliance on Sampath Kumar v. Ayyakannu and Anr, 2002 (49) ALR 591 (SC). Pankaja and Anr. v. Yellapa (Dead) by LRS. and Ors., 2004 (56) ALR 724 (SC) : : 2004 (97) RD 451 :, 2004 (21) AIC 16. Prem Bakshi and Ors. v. Dharam Dev and Ors. : AIR 2002 SC 559 : 2002 (93) RD 104 (SC). Andhra Bank v. ABN Amro Bank N.V. and Ors. : JT 2007 (9) SC 244. Rajesh Kumar Aggarwal and Ors. v. K.K. Modi and Ors., 2006 (63) ALR 335 :, 2006 (40) AIC 36. Estralla Rubber v. Dass Estate (Pvt.) Ltd. : AIR 2001 SC 3295. B.K.N. Pillai v. P. Pillai and Anr., 2000 (38) ALR 338. Jai Jai Rani Manohar Lal v. National Building Material Supply, Gurgaon : AIR 1969 SC 1267. and Pasupuleti Venkateswarlu v. The Motor and General Traders : (1975) 1 SCC 770. learned Counsel for the Petitioner submitted that no doubt jurisdiction to allow or not to allow an amendment is discretionary but the same will have to be exercised in a judicious manner after evaluation of the facts and circumstances in which the amendment is sought. The Hon'ble Supreme Court as also this Court in several decisions has laid emphasis on the fact that if the granting of an amendment really serves the ultimate cause of justice and avoids further litigation, the same should be allowed.

(3.) OBJECT of Order VI, Rule 17 of the Code of Civil Procedure is that the Court should adjudicate on the merits of the case that come before them and should consequently allow all the amendments that may be necessary for determining the real question in controversy between the parties. Order VI, Rule 17 consists of two parts. The first part is discretionary and leaves it to the Court to order amendment of pleading while the second part is imperative and enjoins the Court to allow all the amendments which are necessary for the purposes of determining the real question in controversy between the parties. It may be added that there is no absolute rule that in every case where a relief is barred because of limitation an amendment should not be allowed.