https://www.taxtmi.com/caselaws?id=185745 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. en-us Fri, 13 Sep 2002 00:00:00 +0530 Fri, 26 Aug 2016 15:14:42 +0530 TaxTMI RSS Generator https://www.taxtmi.com/caselaws?id=185745 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. Case-Laws Indian Laws Fri, 13 Sep 2002 00:00:00 +0530 https://www.taxtmi.com/caselaws?id=185745