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TMI Blog2023 (4) TMI 1038X X X X Extracts X X X X X X X X Extracts X X X X ..... or Division, Punasa, District-Khandwa in RCSA No.20/2021 by which the application filed by the petitioners under Order 6 Rule 17 of the Code of Civil Procedure, 1908 has been partially allowed and the typographical errors were permitted to be amended but the pleadings in regard to the fact that "the plaintiff had accepted before the survey Officer that although the land was purchased in her name but the same was purchased by her husband Rameshwar and had accordingly requested the authorities to record the name of her son i.e. Chandrashekhar (the deceased husband of the petitioner no.1 and the father of the petitioner nos.2 to 6)". It was further submitted that "accordingly the plot in question was allotted to Chandrashekar vide certificate ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... urance Corporation of India Vs. Sanjeev Builders Private Limited Limited decided on 01.09.2022 in Civil Appeal No.590 9/2022 has held as under:- "70. Our final conclusions may be summed up thus:- (i) Order II Rule 2 CPC operates as a bar against a subsequent suit if the requisite conditions for application thereof are satisfied and the field of amendment of pleadings falls far beyond its purview. The plea of amendment being barred under Order II Rule 2 CPC is, thus, misconceived and hence negatived. (ii) All amendments are to be allowed which are necessary for determining the real question in controversy provided it does not cause injustice or prejudice to the other side. This is mandatory, as is apparent from the use of the word "sha ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... ent merely sought to introduce an additional or a new approach without introducing a time barred cause of action, the amendment is liable to be allowed even after expiry of limitation. (viii) Amendment may be justifiably allowed where it is intended to rectify the absence of material particulars in the plaint. (xi) Delay in applying for amendment alone is not a ground to disallow the prayer. Where the aspect of delay is arguable, the prayer for amendment could be allowed and the issue of limitation framed separately for decision. (x) Where the amendment changes the nature of the suit or the cause of action, so as to set up an entirely new case, foreign to the case set up in the plaint, the amendment must be disallowed. Where, however, ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... inst any other person, shall be allowed in any suit, claim or action by or on behalf of a person claiming to be the real owner of such property. 8. The crux of the proposed amendment was that the plaintiff had made statement before the survey authorities that although the property was purchased in her name but in fact it was purchased by her husband Rameshwar Chawda 9. In view of section 4 of the Act, it is clear that such defence is not permissible. The remaining proposed amendment is based upon the so called statement made by the plaintiff that she is not the owner but her husband is the owner although the property was purchased in her name. Any pleading which is barred by any law cannot be allowed to be incorporated by amendment. 10. ..... X X X X Extracts X X X X X X X X Extracts X X X X
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