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Amend - Plaint - Amendment - CPC - Order 6 Rule 17 - Enhancement - Value - Transfer to High Court

IN THE SUPREME COURT OF INDIA CIVIL APPELLATE JURISDICTION CIVIL APPEAL NO. 1323 OF 2015 (Arising out of Special Leave Petition (Civil) No.10161 of 2014) Mount Mary Enterprises . ... Appellant Versus M/s. Jivratna Medi Treat Pvt. Ltd. ... Respondent 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 the relevant time) are concerned, these are also well settled. Order 6 Rul...