Surender Kumar Sharma Vs. Makhan Singh, SC on 18.09.2009

In our view, this is a case in which the High Court, in its revisional jurisdiction, and the trial Court had fallen in grave error in refusing amendment of the plaint filed in a suit for eviction on the ground of arrears of rent. As noted herein earlier, the prayer for amendment was refused by the High Court on two grounds. So far as the first ground is concerned i.e. the prayer for amendment was a belated one, we are of the view that even if it was belated, then also, the question that needs to be decided is to see whether by allowing the amendment, the real controversy between the parties may be resolved. It is well settled that under Order 6 Rule 17 of the Code of Civil Procedure, wide powers and unfettered discretion have been conferred on the Court to allow amendment of the pleadings to a party in such a manner and on such terms as it appears to the Court just and proper.