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2015 (1) TMI 1398 - SC - Indian LawsAmendment application rejected - plaintiff, realized that market value of the property in question was around ₹ 1,20,00,000/- and therefore, filed an application for amending the plaint - Specific performance of a contract in relation to the suit property - Held that:- As per the provisions of Order 6 Rule 17 of the Civil Procedure Code, the amendment application should be normally granted unless by virtue of the amendment nature of the suit is changed or some prejudice is caused to the defendant - In the instant case, the nature of the suit was not to be changed by virtue of granting the amendment application because the suit was for specific performance and initially the property had been valued at ₹ 13,50,000/- but as the market value of the property was actually ₹ 1,20,00,000/-, the appellant-plaintiff had submitted an application for amendment so as to give the correct value of the suit property in the plaint. The main reason assigned by the trial court for rejection of the amendment application was that upon enhancement of the valuation of the suit property, the suit was to be transferred to the High Court on its original side - this is not a reason for which the amendment application should have been rejected. The amendment application made by the plaintiff should have been granted, especially in view of the fact that it was admitted by the plaintiff that the suit property was initially undervalued in the plaint and by virtue of the amendment application, the plaintiff wanted to correct the error and wanted to place correct market value of the suit property in the plaint - the amendment application should not have been rejected by the trial court and the High Court should not have confirmed the order of rejection - Appeal allowed.
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