Ganesh Trading Co. v Moji Ram (1978)

CPC & Limitation Act · Parties — Joinder, Misjoinder & Non-joinder; Frame of Suit

Facts.

A plaint had a defective, mistaken description of the plaintiff’s claim. The plaintiff sought to amend it; the amendment was resisted as changing the case.

Issue.

How liberally should courts allow amendment of pleadings under Order 6 rule 17?

Held.

The Supreme Court held that the object of allowing amendments is to serve the ends of justice and to determine the real questions in controversy; amendments should be allowed liberally, and a mere technical or clerical defect should not defeat a genuine claim — subject to not causing incurable prejudice or defeating an accrued right of limitation.

Why it matters.

It is the classic statement of the liberal approach to amendment, balanced against prejudice to the other side — the anchor case for every amendment question.

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