Court Grants Amendment under Article 227, Emphasizes Expedited Disposal

The court allowed the petitioner's application for an amendment under Article 227 of the Constitution of India, setting aside the lower court's dismissal. The court found the proposed amendment to be clarificatory, not introducing a new cause of action, and aimed at avoiding multiplicity of proceedings. Emphasizing the importance of proper adjudication and expeditious case resolution, the court directed the suit to proceed with expedited disposal within three months, with the petitioner required to pay costs for the amendment.

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Issues:
Challenge to order dismissing application for amendment under Article 227 of the Constitution of India.

Analysis:
The petitioner filed a suit seeking a declaration that he cannot be held liable for any amount due from a specific concern. The respondents alleged that the petitioner was a partner of the concern and liable to pay tax, leading to revenue recovery proceedings. The petitioner sought an amendment to clarify his lack of connection with the concerns in question. The court below dismissed the amendment application as belated, after evidence was taken.

The petitioner argued that the amendment was clarificatory and aimed at avoiding multiplicity of proceedings, not altering the suit's nature. The respondents contended that the amendment was belated and an attempt to evade liability. The court noted that the amendment was filed after interrogatories revealed the petitioner's lack of connection with the concerns. The court considered the proviso to Order 6 Rule 17, allowing amendments after trial commencement if due diligence was shown.

The court found that the amendment sought was clarificatory and did not introduce a new cause of action. The petitioner promptly filed for amendment upon learning of the liability basis. The court held that the amendment would aid in proper adjudication and did not unduly delay proceedings. The court set aside the lower court's dismissal, allowing the amendment on payment of costs to the Mediation Centre. The court directed expedited disposal of the suit within three months.

In conclusion, the court allowed the amendment application, emphasizing the importance of proper adjudication and expeditious case resolution. The petitioner was directed to pay costs for the amendment, with the suit to proceed accordingly.

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