Plaint Amendment under Order VI Rule 17 CPC allowed where it clarified the real controversy without changing the suit's nature.

Under Order VI Rule 17 CPC, amendment of the plaint was permitted because the existing pleadings already supplied the factual for challenging the sale deeds and related mutations. The proposed amendment was necessary to determine the real controversy, did not change the basic nature of the suit, and caused no prejudice to the respondents. It also furthered avoidance of multiplicity of litigation. The objection based on limitation was not accepted on the facts, and the refusal to allow amendment was set aside.

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Issues: Whether the appellants were entitled to amendment of the plaint under Order VI Rule 17 of the Code of Civil Procedure, 1908.

Analysis: The plaint already contained the factual foundation for challenging the impugned sale deeds and the related mutations. The proposed amendment was found to be necessary for determining the real controversy between the parties, did not alter the basic nature of the suit, and would not prejudice the respondents. The amendment also served the object of avoiding multiplicity of litigation, and the limitation objection was not accepted as a ground to refuse amendment on the facts of the case.

Conclusion: The appellants were entitled to the amendment of the plaint, and the refusal by the courts below was set aside.

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