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Head Note

The Code of Civil Procedure, 1908  - Order VI Rule (17)

Amendment of Plaint - Change of Valuation of Suit Property - Suit for Specific Performance - The amendment application should be normally granted unless by virtue of the amendment nature of the suit is changed or some prejudice is caused to the defendant - The defendant had made an averment in para 30 of the written statement filed in Suit that the plaintiff had undervalued the subject matter of the suit - If in pursuance of the averment made in the written statement the plaintiff wanted to amend the plaint so as to incorporate correct market value of the suit property, the defendant could not have objected to the amendment application - Impugned judgment delivered by the High Court and the order of the trial court, whereby the amendment application had been rejected liable to be set aside - Trial court directed to permit the appellant-plaintiff to amend the plaint as prayed for in the amendment application so as to change valuation of the suit property.

Topic(s)-Civil Procedure - Amendment of Plaint - Allowed