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Issues: Whether the amendment of the plaint to correct the valuation of the suit property ought to have been allowed under Order 6 Rule 17 of the Code of Civil Procedure.
Analysis: Amendment of pleadings is ordinarily allowed when it does not change the nature of the suit or cause prejudice to the opposite party. The plaint had initially shown a much lower value for the suit property, while the defendant itself had pleaded that the property was undervalued. The requested amendment was sought to reflect the correct market value and did not alter the character of the suit for specific performance. Rejection on the sole ground that enhancement of valuation would result in transfer of the suit to the High Court was not a valid basis to refuse amendment.
Conclusion: The amendment application ought to have been allowed and the rejection of the amendment was unsustainable.