Bombay High Court Clears Path for Amendment in Specific Performance Suit, Rejecting Objections.
02 December 2024
Civil Suits >> Civil & Consumer Law
In a recent case of Nileshkumar Jashvantsinh Parmar & Others v/s Bochasanwasi Shri Akshar Purushottam Swaminarayan Sanstha, Public Charitable Trust, Ahmedabad & Others, the Court addressed a writ petition challenging the amendment of a plaint in a 2012 suit for specific performance. The petitioners, who were the legal heirs of the deceased defendant, argued that the amendment, which was filed in March 2024, was not justified on various grounds, including the lateness of the application, addition of relief against additional defendants, and the existence of a pending first appeal involving a status-quo order.
The plaintiffs sought the amendment to include new allegations about a visit to the suit land on December 3, 2023, which raised concerns that the property might be sold by the owners. This new development was considered a separate cause of action from the original suit. The Court observed that the plaintiffs had the right to amend the plaint, particularly since the suit was related to specific performance and injunction concerning the same property.
The petitioners contended that the relief sought against additional defendants was not part of the original claim. However, the Court held that it was not necessary for the plaintiffs to file a separate suit for this new cause of action and that the amendment was permissible. The Court further noted that merits of the amendment could not be decided at the amendment stage and that any objections could be raised in the written statement. Ultimately, the Court dismissed the writ petition, ruling that the amendment application was valid.