Law of amendment of pleadings
The Delhi High Court in a matter relating to law of amendment of pleadings (Order VI Rule 17 of the Code of Civil Procedure, 1908) observed that while considering an application for amendment, the Court is not to examine the merits of the amendment or to consider the strength or weakness of the case of the applicant, but to examine the proposed amendment to ascertain whether the nature and character of the suit is sought to be changed by the proposed amendment. The Court relied upon the holding given by the Supreme Court in the matter Revajeetu Builders & Developers vs. V. Narayanaswamy & Sons[(2009)10 SCC 84] in which critical analysis was given on both the English as well as Indian cases and later enumerated following basic principles on the issue, which Court is expected to consider while deciding an amendment application, which are as under:.
1. Whether the amendment sought is imperative for proper and effective adjudication of the case;
2. Whether the application for amendment is bona fide or mala fide;
3. The amendment should not cause such prejudice to the other side which cannot be compensated adequately in terms of money;
4. Refusing amendment would in fact lead to injustice or lead to multiple litigation;
5. Whether the proposed amendment constitutionally or fundamentally changes the nature and character of the case; and
6. As a general rule, the court should decline amendments if a fresh suit on the amended claims would be barred by limitation on the date of application.
[Vaishali Gaur & Anr. vs. Sanjay Sharma & Anr.]
(Delhi HC, 01.05.2014)