Pleading amendment to quantify contractual damages allowed where no new cause of action was introduced

An amendment of pleadings under Order VI Rule 17 CPC may be allowed when it merely quantifies damages arising from the original contract and does not introduce a new cause of action. The suit was originally based on the contract and sought settlement of accounts, fastening of liability, and recovery of unquantified damages; the proposed amendment only refined that claim into a quantified damages demand without changing the essential character of the suit. Because no fresh factual foundation was added, the amendment did not attract a limitation bar.

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Issues: Whether amendment of the plaint under Order VI, Rule 17 of the Code of Civil Procedure, 1908 could be allowed when the amendment quantified damages on the basis of the original contract and did not introduce a new cause of action, despite the objection of limitation.

Analysis: The original suit itself was founded on the contract and sought settlement of accounts, fastening of liability, and recovery of damages to be ascertained. The proposed amendment only converted the claim into a quantified damages claim arising from the same cause of action. No new factual foundation was introduced and the essential character of the suit remained unchanged. Since the amendment did not create a fresh cause of action, the plea of limitation did not defeat it.

Conclusion: The amendment was rightly allowed and the objection based on limitation failed.

Ratio Decidendi: An amendment of pleadings may be permitted when it merely quantifies or refines relief arising from the original cause of action and does not introduce a new cause of action or alter the essential nature of the suit.

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