This writ petition is preferred by the party-in-person challenging the order passed by the learned Small Cause Court dated 9th September 2011 rejecting his request for amending the plaint under order VI Rule 17 CPC.
The order impugned passed in Civil Suit no. 551 of 2009, if is examined, the Court found this to have been preferred beyond the period of limitation as the period of three years had lapsed from the date of issuance of the cheque. Again, the Court was of the opinion that allowing such an amendment would amount to the plaintiff having filed the suit in the capacity of power of attorney holders of his wife Zarina. On cumulative facts, it deemed it fit not to allow the amendment. This was also found to be an attempt to fill up lacunae.
Party-in-person before this Court has urged that this is neither an attempt to fill up lacuna, nor a belated application, nor would it change the nature of the suit; as mentioned by the Court. He further urged that such pleadings were already forming part of the Court record, and therefore, amendment ought to have been allowed.
It is a well settled law that so as not to allow multiplicity of the proceedings and to bring an end to the disputes between the parties, the Court should be liberal in allowing the amendment to the plaint. At the same time, the trial court also needs to keep in mind, if the change is in the very nature of the suit and if the same prejudices the right of the party to the other side and its original position can not be restored by allowing the amendment to the plaint, the same can not be granted. Again any amendment, if is ex-facie time barred, the party cannot able permitted to over reach the process of law. In this petition preferred under Article 227 of the Constitution of India, the order of the trial Court is under challenge. No error, much less grave injustice appears to have been caused on account of rejection of the request for allowing the amendment. Resultantly, no interference is required. Petition fails and the same stands dismissed in limine.
{Ms.
Sonia Gokani, J.} Prakash* Top