1989 (8) TMI 373 - HC - Indian Laws

Summary

Issues:
Amendment of plaint seeking additional relief of damages under Order 6 Rule 17, Section 151 of CPC, and Section 40 of Specific Relief Act.

Detailed Analysis:

Issue 1: Amendment of Plaint
The plaintiff sought an amendment of the plaint to claim additional relief of damages under Order 6 Rule 17, Section 151 of the CPC, and Section 40 of the Specific Relief Act. The plaintiff's services were terminated by the defendants, and he challenged the termination on various grounds, including lack of proper authority, violation of natural justice, and breach of implied contract terms. The plaintiff also sought a declaration of continued employment and reinstatement, along with damages. The Specific Relief Act allows for damages in addition to or in substitution for injunction, and the court may award such damages upon proper claim in the plaint. The court emphasized the importance of preventing multiplicity of suits and compelled the plaintiff to seek all possible reliefs in one suit to avoid forfeiting the right to sue for damages later.

Issue 2: Opposition to Amendment
The defendants vehemently opposed the amendment, arguing that it would fundamentally alter the nature of the suit and cause delay. However, the court found no merit in these arguments, stating that seeking an alternative relief for damages would not drastically change the suit's character or cause surprise to the defendants. Additionally, the court noted that the suit was at a preliminary stage, and allowing the amendment would not prejudice the defendants as all reliefs sought arose from the termination of services.

Issue 3: Criteria for Amendment
Under Order 6 Rule 17, all amendments should be allowed if they do not work injustice to the other party and are necessary for determining the real questions in controversy. In this case, the court found that the proposed amendments were necessary to determine the real issues between the parties and would not cause injustice. Therefore, the court allowed the plaintiff's amendment request, subject to the payment of costs to the defendant.

In conclusion, the court granted the plaintiff's application for amendment of the plaint to include a claim for damages, emphasizing the importance of seeking all possible reliefs in one suit to avoid future litigation. The court found the amendment necessary for determining the real issues in controversy and did not see any valid reasons to deny the request.