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Issues involved: Application for amendment of plaint to convert a suit for permanent prohibitory injunction into a suit for declaration of title and recovery of possession.
Summary: The plaintiff filed a suit for permanent prohibitory injunction over an agricultural land, which was denied by the defendant who claimed possession. The plaintiff later sought to amend the plaint to include a claim for declaration of title and recovery of possession, alleging dispossession during the suit. The Trial Court and High Court rejected the amendment application, stating the plaintiff should file a new suit. The Supreme Court held that the nature of relief sought was changing, not the basic structure of the suit, and allowed the amendment to avoid multiplicity of legal proceedings. Referring to Order 6 Rule 17 of the CPC, the Court emphasized that amendments should be allowed to determine the real questions in controversy. The Court noted that delay in seeking an amendment should be considered based on the stage of proceedings, and in this case, the plaintiff was allowed to incorporate the new pleas with a cost imposed due to the delay. The Court directed that the declaration of title and recovery of possession shall be deemed to have been made on the date of the application for amendment.
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