Amendment of Plaint -- Subsequent Discovery of Compromise Decree -- Satisfies due diligence for belated amendment
(i) Civil Procedure Code, 1908, O.6 R.17, Proviso -- Amendment of Plaint -- Subsequent Discovery of Compromise Decree -- Subsequent discovery of a compromise decree directly bearing on the title of the suit property, to which the plaintiff was not a party and whose existence was not disclosed by the defendants, satisfies the requirement of due diligence for permitting a belated amendment after commencement of trial. (ii) Civil Procedure Code, 1908, O.6 R.17 -- Amendment of Plaint -- Enlargement of Factual and Legal Questions -- Enlargement of factual and legal questions requiring adjudication does not by itself amount to a fundamental alteration of the nature and character of the suit -- Real inquiry is whether the amendment introduces a distinct and independent controversy unconnected with the original cause of action, or merely brings on record additional facts and consequential reliefs having a direct nexus with the existing controversy -- Change in relief claimed is not a change in the nature of the suit. (iii) Civil Procedure Code, 1908, O.6 R.17, O.23 R.3A -- Amendment of Plaint -- Limitation and Statutory Bar Objections -- Where the date of knowledge is disputed and the plea of limitation is arguable, it should not lead to summary rejection of the amendment -- Questions concerning the bar against challenging a compromise decree in a separate suit are best left for determination by the trial court after completion of pleadings, rather than at the amendment stage.
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