1978 (1) TMI 168 - SC - Indian Laws

Summary

Issues Involved:
1. Amendment of Pleadings
2. Introduction of New Cause of Action
3. Procedural Law and Substantive Justice
4. Capacity of Plaintiff Suing

Summary:

1. Amendment of Pleadings:
The Supreme Court emphasized that procedural law is intended to facilitate substantive justice. Order 6, rule 17 CPC allows amendments to pleadings at any stage of proceedings to determine the real questions in controversy. The Court noted that amendments should promote justice and not defeat it, even if it involves rectifying inefficiencies in the initial pleadings, provided it does not unjustifiably injure accrued rights.

2. Introduction of New Cause of Action:
The Court clarified that an amendment introducing a new cause of action, especially if barred by time, is generally not permissible. However, mere failure to set out an essential fact does not constitute a new cause of action. The Court held that defective pleadings are curable if the cause of action was not completely absent initially. The case of M/s. Ganesh Trading Co. involved an amendment to include the dissolution of the firm, which was not considered a new cause of action but a clarification of existing facts.

3. Procedural Law and Substantive Justice:
The Court reiterated that procedural rules are meant to decide the rights of parties and not to punish them for procedural mistakes. Referring to previous judgments, the Court highlighted that amendments should be allowed if they clarify existing facts without introducing a new set of ideas to the prejudice of any party's rights acquired by lapse of time.

4. Capacity of Plaintiff Suing:
The Court disagreed with the High Court's view that the amendment sought to introduce a new claim based on new facts. The amendment aimed to specify the capacity in which the suit was filed, which did not change the character of the suit or the cause of action. The Court held that the identity of the plaintiff remained the same, and the amendment only clarified the capacity of the plaintiff suing.

Conclusion:
The Supreme Court allowed the appeal, set aside the orders of the High Court and the Trial Court, and permitted the amendment application. The case was remanded to the Trial Court with directions to allow the defendant to file further objections within 14 days and proceed to decide the case in accordance with the law. Costs were to abide by the results of the litigation. Appeal allowed.