Revajeetu Builders & Developers v Narayanaswamy & Sons (2009)

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

Facts.

A party sought amendment of pleadings at a late stage; the other side resisted as prejudicial and belated.

Issue.

What factors govern the grant or refusal of an amendment under Order 6 rule 17?

Held.

The Supreme Court listed the guiding factors — whether the amendment is necessary to decide the real controversy, whether it is bona fide, whether it causes injustice not curable by costs, whether it changes the nature of the suit, and the stage of the proceedings (post-2002 proviso).

Why it matters.

It is the modern checklist for amendment questions, updating Ganesh Trading with the due-diligence proviso.

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