TMI Blog2015 (1) TMI 1398X X X X Extracts X X X X X X X X Extracts X X X X ..... t 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 s ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... or amending the plaint. The said application for amendment was rejected by the trial court and thereafter, the aforestated writ petition was filed by the plaintiff challenging the order rejecting the amendment application. The said petition has also been dismissed and therefore, the plaintiff has approached this Court and prayed that the impugned judgment confirming the order rejecting the amendment of the plaint be set aside and the plaintiff be permitted to amend the plaint so as to state correct value of the property in question, which is ₹ 1,20,00,000/-. 3. The learned counsel appearing for the appellant-plaintiff had submitted that the amendment application had been rejected by the trial court for the reason that the said amen ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... ve. According to him, in pursuance of the said amendment, the suit was to be transferred to the High Court and only with an intention to see that the suit is transferred to the High Court on its original side, the plaintiff wanted to amend the plaint. It had, therefore, been submitted by him that the amendment application was rightly rejected by the trial court and the High Court had rightly confirmed the said order. 6. We have heard the learned counsel and have also considered the facts of the case. 7. In our opinion, 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 t ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... igh Court has held that the said issue was yet to be decided by the trial Court. 9. 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. In our view, that is not a reason for which the amendment application should have been rejected. With regard to amendment of plaint, the following observation has been made by this Court in the case of North Eastern Railway Administration, Gorakhpur v. Bhagwan Das (D) by LRs. (2008) 8 SCC 511 : 16. Insofar as the principles which govern the question of granting or disallowing amendments under Order 6 Rule 17 C.P.C. (as it stood at t ..... X X X X Extracts X X X X X X X X Extracts X X X X
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