Pleadings amendment before trial allowed where added reliefs arise from the same facts and do not change the suit's basic nature.

Order VI Rule 17 CPC permits amendment of pleadings before trial where it is necessary to decide the real controversy. A proposed amendment from a suit for permanent prohibitory injunction to include declaration of title and recovery of possession was held permissible because it arose from the same factual foundation and did not alter the basic nature of the suit. Mere delay was not sufficient to reject the request, particularly when the defendant could meet the amended case. To avoid prejudice, the added reliefs could be treated as introduced from the date of the amendment application, while preserving the defendant's right to raise all available defences. Costs were also directed.

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Issues: Whether a suit initially filed for permanent prohibitory injunction could be amended, before commencement of trial, to include reliefs of declaration of title and recovery of possession.

Analysis: Order VI Rule 17 of the Code of Civil Procedure, 1908 confers wide power to permit amendment of pleadings at any stage where the amendment is necessary for determining the real questions in controversy. A mere delay in seeking amendment is not by itself a ground to refuse relief, especially when the application is made before trial and the defendant will have an opportunity to meet the amended case. The proposed amendment did not alter the basic structure of the suit but only enlarged the reliefs on the same foundation of facts. Refusal would compel the plaintiff to file a fresh suit and lead to multiplicity of proceedings. At the same time, the defendant's interest could be protected by directing that the newly added reliefs would be treated as having been sought from the date of the amendment application, thereby preventing any unfair loss of accrued rights.

Conclusion: The amendment ought to have been allowed, subject to payment of costs and without prejudice to the defendant's right to raise all permissible defences in the written statement.

Ratio Decidendi: Amendments to pleadings should be allowed where they are necessary to determine the real controversy, do not change the basic nature of the suit, and can be balanced by protecting the opposite party against prejudice, including by limiting relation back where required.

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