Registrar Has No Power To Cancel Registered Sale Deeds: Madras High Court Reaffirms Civil Court’s Exclusive Jurisdiction MP High Court Refuses to Quash FIR Against Principal of Sacred Heart Convent High School in Forced Conversion Case Employees Of Registered Societies Cannot Claim Article 311 Protection: Delhi High Court Clarifies Limits Of Constitutional Safeguards In Private Employment Maintenance Cannot Be Doubled Without Cogent Reasons, Wife's Education And Earning Capacity Relevant Factors: Gujarat High Court A Foreign Award Must First Be "Recognised" Before It Becomes A Decree: Bombay High Court A Registered Will Does Not Become Genuine Merely Because It Is Registered: Andhra Pradesh High Court Rejects Suspicious Testament Compensation Under Railways Act Requires Proof of Bona Fide Passenger – Mere GRP Entry and Medical Records Cannot Establish ‘Untoward Incident’: Delhi High Court Tenancy Rights Cannot Be Bequeathed By Will: Himachal Pradesh High Court Declares Mutation Based On Tenant’s Will Void Preventive Detention Cannot Be Based On Mere Apprehension of Bail: Delhi High Court Quashes PITNDPS Detention Order Probate Court Alone Has Exclusive Jurisdiction To Decide Validity Of Will – Probate Petition Cannot Be Rejected Merely Because A Civil Suit Is Pending: Allahabad High Court PwD Candidates Cannot Be Denied Appointment After Selection; Authorities Must Accommodate Them In Suitable Posts: Supreme Court Directs SSC And CAG To Appoint Candidates With Disabilities When Registered Partition Deed Exists, Plea Of Prior Oral Partition Cannot Override It:  Madras High Court Dismisses Second Appeal Municipal Bodies Cannot Demand Character Verification Of Residents: Calcutta High Court Strikes Down Surveillance Condition In Building Sanction State Cannot Exploit Contractual Workers For Perennial Work: Punjab & Haryana High Court Grants Pay Parity To PUNBUS Drivers And Conductors Police Inputs Cannot Create New Building Laws: Calcutta High Court Strikes Down Security-Based Conditions Near Nabanna 'Raising A Child As Daughter Does Not Make Her An Adopted Child': Punjab & Haryana High Court Once Leave Under Section 80(2) CPC Is Granted, Prior Notice to Government Is Not Mandatory: Orissa High Court Restores Trial Court Decree State Cannot Use Article 226 To Evade Compliance With Court Orders: Gauhati High Court Dismisses Union’s Petition With Costs ED Officers Accused Of Assault By ₹23-Crore Scam Accused – FIR Survives But Probe Shifted To CBI: Jharkhand High Court High Courts Should Not Interfere In Academic Integrity Proceedings At Preliminary Stage: Kerala High Court Power Of Attorney Holder With Personal Knowledge Can Depose In Cheque Bounce Cases: Kerala High Court Sets Aside Acquittal Agreement Cannot Dissolve Hindu Marriage, But Can Prove Mutual Separation”: J&K & Ladakh High Court Denies Maintenance

Supreme Court Disallows Belated Amendment in Partition Suit: Upholds Sanctity of Compromise Decrees and Due Diligence Principle

07 May 2024 8:19 AM

By: Admin


In a pivotal ruling, the Supreme Court of India, comprising Justices C.T. Ravikumar and Rajesh Bindal, today upheld the principle of due diligence in civil litigation, specifically in the context of amendments to pleadings. The apex court’s decision came in the civil appeal case, “Basavaraj vs Indira and Others,” involving the challenge to a High Court order that allowed an amendment to a plaint in a partition suit.

The crux of the judgment revolved around the legality and timeliness of amendments in pleadings, especially in the light of Order VI Rule 17 and Order XXIII Rule 3 of the Civil Procedure Code (CPC), and the Limitation Act, 1963. The court was tasked with deciding whether an amendment to a plaint, which aimed to declare a previously agreed-upon compromise decree as null and void, could be permitted at the end of the trial.

The respondents filed a suit for partition of ancestral property but later sought to amend the plaint to challenge a compromise decree dated October 14, 2004. The appellants contested this amendment on the grounds that it changed the nature of the suit from partition to declaration and was impermissible as the trial was nearing completion.

Due Diligence and Trial Commencement: The court observed that the proviso to Order VI Rule 17 CPC prohibits amendments after the commencement of the trial unless due diligence is proven. It was found that the respondents failed to show due diligence in their amendment application filed at the trial’s end.

Challenge to Compromise Decree: The Court emphasized that according to Order XXIII Rule 3 CPC, a compromise decree can be challenged only in the court that passed it. The plea by respondents for declaring the decree null and void was deemed time-barred under the Limitation Act.

Judicial Estoppel and Consent Decree: The Court reiterated that a consent decree is binding and operates as an estoppel unless set aside under the proviso to Order XXIII Rule 3 CPC.

Prejudice and Suit Nature: The amendment, filed five years after the compromise decree, would cause undue prejudice to the appellant and change the fundamental nature of the suit.

Parties to Compromise Decree: Not all parties to the original compromise decree were part of the present litigation, questioning the maintainability of the amendment.

The Supreme Court allowed the appeal, set aside the High Court’s order, and dismissed the application for amendment of the plaint. The respondents were ordered to pay costs of ₹1,00,000/- to the appellant.

Date of Decision: February 29, 2024

Basavaraj vs Indira and Others

Latest Legal News