Supreme Court: Under which circumstances the court can allow amendment of plaint during execution of decree and at appellate stage?

 Before we proceed to answer the question formulated by us in para 27, we deem it necessary to examine Section 22 of the 1963 Act. It reads thus:

“22. Power to grant relief for possession, partition, refund of

earnest money, etc.— (1) Notwithstanding anything to the

contrary contained in the Code of Civil Procedure, 1908 (5 of

1908), any person suing for the specific performance of a

contract for the transfer of immovable property may, in an

appropriate case, ask for—

(a) possession, or partition and separate possession, of

the property, in addition to such performance; or

(b) any other relief to which he may be entitled, including

the refund of any earnest money or deposit paid or [made

by] him, in case his claim for specific performance is

refused.

(2) No relief under clause (a) or clause (b) of sub-section (1)

shall be granted by the court unless it has been specifically

claimed:

Provident that where the plaintiff has not claimed any such relief in the plaint, the court shall, at any stage of the proceeding, allow him to amend the plaint on such terms as may be just for including a claim for such relief.

 (3) The power of the court to grant relief under clause (b) of subsection (1) shall be without prejudice to its powers to award

compensation under section 21.” {Para 54}

The term “proceeding” is a very wide and

comprehensive term and it includes execution proceeding

also. The expression “at any stage of the proceeding”

gives widest permission to the Court to allow amendment

at any stage of the proceeding including execution of the

decree. The amendment can be allowed even in an appeal

arising out of the order passed by the executing Court

rejecting the prayer for permission. The proviso

recognises the well settled position that the Court passing

a decree for specific performance retains control over the

subject matter as long as anything remains to be done in

the case.” {Para 9}.

REPORTABLE

IN THE SUPREME COURT OF INDIA

CIVIL APPELLATE JURISDICTION

CIVIL APPEAL NO. 5822 OF 2025

@SPECIAL LEAVE PETITION (CIVIL) NO. 5630 OF 2023

K.R. SURESH Vs R. POORNIMA & ORS.

J.B. PARDIWALA, J.:

Citation: 2025 INSC 617.

Dated: May 02, 2025.

Read full judgment here: Click here.

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