Order II Rule 2 of the CPC cannot apply to an amendment which is sought on an existing suit - All amendments are to be allowed which are necessary for determining the real question - amendment merely sought to introduce an additional or a new approach without introducing a time barred cause of action, the amendment is liable to be allowed even after expiry of limitation - plaintiff can seek relief of compensation by way of amendment - compensation cannot be awarded under the section unless the Plaintiff has claimed.

Citation

2022 LiveLaw (SC) 729

AIR 2022 SUPREME COURT 4256

AIR online 2022 SC 283

IN THE SUPREME COURT OF INDIA

CIVIL APPELLATE JURISDICTION

ANIRUDDHA BOSE; J., J.B. PARDIWALA; J.

September 1, 2022

CIVIL APPEAL NO. 5909 OF 2022 (Arising out of SLP(C) No. 22443 of 2019)

LIFE INSURANCE CORPORATION OF INDIA versus SANJEEV BUILDERS PRIVATE LIMITED & ANR.

Code of Civil Procedure, 1908; Order II Rule 2 - Order II Rule 2 of the CPC cannot 

apply to an amendment which is sought on an existing suit - It applies only for a 

subsequent suit. (Para 49-50, 70)

Code of Civil Procedure, 1908; Order VI Rule 17 - Delay in applying for amendment 

alone is not a ground to disallow the prayer. Where the aspect of delay is arguable,  the prayer for amendment could be allowed and the issue of limitation framed  separately for decision. (Para 70)

Code of Civil Procedure, 1908; Order VI Rule 17 - All amendments are to be allowed  which are necessary for determining the real question in controversy provided it  does not cause injustice or prejudice to the other side - The prayer for amendment  is to be allowed (i) if the amendment is required for effective and proper  adjudication of the controversy between the parties, and (ii) to avoid multiplicity  of proceedings, provided (a) the amendment does not result in injustice to the  other side, (b) by the amendment, the parties seeking amendment does not seek  to withdraw any clear admission made by the party which confers a right on the  other side and (c) the amendment does not raise a time barred claim, resulting in  divesting of the other side of a valuable accrued right (in certain situations) - A  prayer for amendment is generally required to be allowed unless (i) by the  amendment, a time barred claim is sought to be introduced, in which case the fact 

that the claim would be time barred becomes a relevant factor for consideration,  (ii) the amendment changes the nature of the suit, (iii) the prayer for amendment  is malafide, or (iv) by the amendment, the other side loses a valid defence - In  dealing with a prayer for amendment of pleadings, the court should avoid a hyper  technical approach, and is ordinarily required to be liberal especially where the  opposite party can be compensated by costs. (Para 70)

Code of Civil Procedure, 1908; Order VI Rule 17 - Where the amendment would 

enable the court to pin-pointedly consider the dispute and would aid in rendering 

a more satisfactory decision, the prayer for amendment should be allowed. - Where  the amendment merely sought to introduce an additional or a new approach 

without introducing a time barred cause of action, the amendment is liable to be 

allowed even after expiry of limitation - Amendment may be justifiably allowed 

where it is intended to rectify the absence of material particulars in the plaint -

Where the amendment changes the nature of the suit or the cause of action, so as 

to set up an entirely new case, foreign to the case set up in the plaint, the 

amendment must be disallowed. Where, however, the amendment sought is only 

with respect to the relief in the plaint, and is predicated on facts which are already 

pleaded in the plaint, ordinarily the amendment is required to be allowed - Where the amendment is sought before commencement of trial, the court is required to be liberal in its approach. The court is required to bear in mind the fact that the