Legal Learning | Shri Ganpati Jurists
Amendment of Pleadings to Correct Property Description is Permissible
The Pawwan Khanna v. Deepak Bagga reaffirms that courts should allow necessary amendments to determine the real dispute between the parties.
Key Takeaways:
⚖️ Order VI Rule 17 CPC
Amendment of pleadings can be allowed to correct the property description and seek rectification of an Agreement to Sell when necessary for deciding the real controversy.
⚖️ Section 26, Specific Relief Act, 1963
Even if rectification was not originally claimed, the proviso to Section 26 permits amendment of the plaint to include such relief. A fresh suit is not required.
⚖️ Mutual Mistake in Agreement
Where an incorrect property description arises due to mutual mistake or fraud, the court may permit rectification without changing the nature of a suit for specific performance.
⚖️ Order VII Rule 14(3) CPC
Additional documents may be brought on record with the court’s permission if sufficient cause for delay is shown. Their relevance and admissibility will be decided during trial.
Legal Principle:
Courts should adopt a liberal approach towards amendments that help resolve the actual dispute between the parties, provided no prejudice is caused and the trial has not commenced.
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