Amendment of pleadings despite delay allowed where needed for effective adjudication and avoided multiplicity of proceedings.

Amendment of pleadings under Order VI Rule 17 CPC is to be permitted where it is necessary for proper and effective adjudication and for avoiding multiplicity of proceedings. Delay by itself is not an absolute bar; the court must consider the stage of the proceedings and the surrounding facts. Where the proposed grounds are relevant to the controversy, their correctness need not be decided at the amendment stage, and any prejudice caused by delay can be compensated by costs. The Delhi HC allowed the amendment, subject to payment of costs.

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Issues: Whether the petitioners were entitled to amend the petition under Order VI Rule 17 of the Code of Civil Procedure despite delay.

Analysis: The governing test for amendment of pleadings is whether the proposed amendment is necessary for proper and effective adjudication of the dispute and to avoid multiplicity of proceedings. Delay by itself is not an absolute bar, and the court must assess the stage of the proceedings and the surrounding facts. The proposed grounds were found to be relevant to the controversy, and their correctness was not required to be decided at the amendment stage. Any prejudice arising from the delay could be compensated by costs.

Conclusion: The amendment was allowed, subject to payment of costs.

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