Sunday, 10 March 2019

Whether court can allow amendment of plaint even during execution of decree proceeding?

 The High Court had relied upon Rameshwar Nath v. UP Union Bank (Supra) for its decision in this case. We are in complete agreement with the view taken by the Delhi High Court on this case.

22. It is thus clear that the. Legislature has; given ample power to the court to allow amendment of the plaint at any stage, including the execution proceedings. In the instant case the High Court granted the relief of possession and the objection raised on behalf of the petitioner is that this was not possible at the execution stage and in any case the Court should have allowed first an amendment in the plaint and then an opportunity should have been afforded to the petitioner to file an objection.


24. The only amendment' to be made in the plaint was to add a relief for possession necessitated because of the provisions of Section 22, which is only an enabling provision.

25. There has been a protracted litigation and it has dragged on practically for about 13 years and it will be really a travesty of justice to ask the decree-holders to file a separate suit for possession The objection of the petitioner is hyper-technical. The execution court has every jurisdiction to allow' the amendment. The only difficulty is that instead of granting a relief of possession the High Court should have allowed an amendment in the plaint. The mere omission of the High Court to allow an amendment in the plaint is not so fatal as to deprive the decree-holders of the benefits of the decree when Section 55 of the Transfer of property Act authorises the transferee to get possession in pursuance of a sale deed.

IN THE SUPREME COURT OF INDIA

Petition for Special Leave to Appeal (Civil) No. 7771. of 1981

Decided On: 29.01.1982

Babu Lal Vs.  Hazari Lal Kishori Lal and Ors.

Hon'ble Judges/Coram:
A.N. Sen and R.B. Misra, JJ.


Citation: (1982) 1 SCC 525.
Read full judgment here: Click here
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