CIVIL PROCEDURE – Order VI Rule 17 CPC – Amendment of plaint – Consideration of merits impermissible At the stage of deciding an application for amendment, the Court is not required to examine the merits or demerits of the proposed case Test is confined to permissibility of amendment and not likelihood of success High Court, in exercise of jurisdiction under Article 227, erred in entering into merits of the proposed plea (Paras 3, 14, 16)

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CIVIL PROCEDURE – Order VI Rule 17 CPC – Amendment of plaint – Consideration of merits impermissible

• At the stage of deciding an application for amendment, the Court is not required to examine the merits or demerits of the proposed case
• Test is confined to permissibility of amendment and not likelihood of success
• High Court, in exercise of jurisdiction under Article 227, erred in entering into merits of the proposed plea
  (Paras 3, 14, 16)

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CIVIL PROCEDURE – Amendment of pleadings – Subsequent events – Scope

• Amendment based on subsequent developments affecting entitlement to relief is permissible
• Courts are empowered to take note of post-institution events to mould relief and avoid multiplicity of proceedings
  (Paras 8, 12, 17)

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LANDLORD–TENANT – Eviction – Bonafide requirement – Death of landlord

• Death of original landlord does not ipso facto extinguish claim of bonafide requirement
• Right of legal heirs to continue proceedings depends on facts and circumstances
• No blanket rule that such cause of action does not survive
  (Paras 3, 17)

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PLEADINGS – Construction of plaint – Misreading by Court

• Where plaint specifically pleads requirement of landlord and family members, contrary assumption by Court amounts to misreading of pleadings
• Such factual error vitiates the impugned order
  (Paras 4, 15)

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CIVIL PROCEDURE – Article 227 of Constitution – Scope of interference

• Supervisory jurisdiction is confined to jurisdictional errors
• High Court cannot act as an appellate authority to reassess evidence or merits
• Interference with discretionary order allowing amendment is unwarranted in absence of jurisdictional error
  (Paras 14, 16)

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CIVIL PROCEDURE – Amendment – Avoidance of multiplicity of proceedings

• Where fresh suit is otherwise maintainable, amendment should ordinarily be permitted
• Opportunity to opposite party to amend written statement and adduce evidence safeguards against prejudice
  (Paras 10, 12, 16)

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CIVIL PROCEDURE – Order XLI Rule 25 CPC – Power of Appellate Court

• Appellate Court can frame additional issues and refer them to Trial Court where necessary for proper adjudication
• Exercise of such power justified if essential for just decision of the case
  (Para 18)

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SUBSEQUENT EVENTS – Consideration by Court

• Courts may take cognizance of subsequent events having material bearing on relief
• Procedural law is subservient to substantial justice
  (Para 17)

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FINAL DISPOSITION

• Judgment of High Court set aside
• Order allowing amendment restored
• Appeal allowed; parties to proceed before Trial Court
  (Paras 19, 20)