Post-trial plaint amendments require due diligence and cannot create a fresh territorial jurisdiction basis later

After commencement of trial, a plaint amendment is barred unless the applicant shows that the matter could not have been raised earlier despite due diligence. The proposed amendments here were based on facts available before trial and therefore failed the due diligence test. The attempted impleadment and amendment also sought to introduce a fresh territorial jurisdiction basis through later events, but jurisdiction is determined on the date the suit is instituted and cannot be created or altered by amendment. The order permitting amendment and impleadment was therefore set aside.

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Issues: Whether the amendment of the plaint and impleadment of a new defendant could be permitted after commencement of trial, when the amendment sought to introduce additional jurisdictional facts and a new ground for territorial jurisdiction.

Analysis: The proviso to Order VI Rule 17 of the Code of Civil Procedure, 1908 restricts post-trial amendments unless the party shows that, despite due diligence, the matter could not have been raised earlier. Trial had commenced once issues were framed and the suit was set down for final hearing. The proposed amendments relating to the plaintiff's Delhi activities and circulation facts were available earlier and were not shown to be unavailable despite due diligence. The amendment relating to the defendant's alleged business through a purported holding company and a store opened after the suit date sought to add a fresh jurisdictional foundation, which was impermissible because territorial jurisdiction is determined with reference to the date of institution of the suit. A party cannot be allowed to alter the ground for invoking jurisdiction by amendment, nor can later events cure want of jurisdiction on the date of filing.

Conclusion: The amendment and impleadment were not permissible and the order allowing them was set aside in favour of the appellant.

Ratio Decidendi: After commencement of trial, an amendment will not be allowed unless due diligence is shown, and a plaint cannot be amended to substitute or create a new jurisdictional basis founded on facts arising after the suit was instituted.

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