MACT | A Minor Cannot Be Treated as a Non-Earner: Punjab & Haryana High Court Consensual Love Affair Not Cheating Under IPC Section 417: Madras High Court Acquits Man Despite Paternity Confirmation Review Jurisdiction is an Ant-Hole in a Pigeon-Hol: Madras High Court Dismisses Review Plea Against Order Upholding Arbitral Award on Liquidated Damages Bank Can Freeze Guarantor’s Salary Account to Recover Loan Dues: Kerala High Court Clarifies CPC Exemption Does Not Apply to Banker’s Right Revenue Entry Calling Property ‘Ancestral’ Does Not Create Title: Gujarat High Court Upholds Registered Will in Second Appeal Licensee Cannot Resist Resumption Of Railway Land: Gauhati High Court Upholds Eviction For Amrit Bharat Station Scheme Mere Non-Payment of Business Dues Is Not Cheating: Calcutta High Court Protects Traders from Criminal Prosecution in Purely Civil Dispute Prosecution’s Failure to Prove Age of Prosecutrix Beyond Reasonable Doubt Fatal to POCSO Conviction: Rajasthan High Court No Title, No Right, No Equity: Bombay High Court Demolishes Claim Over Footpath Stall, Imposes ₹5 Lakh Costs for Abuse of Process Section 155(2) Cr.P.C. Does Not Bar Complainant From Seeking Magistrate’s Permission: Allahabad High Court Clarifies Law on Non-Cognizable Investigations Un-Retracted Section 108 Statement Is Binding: Delhi High Court Declines to Reopen ₹3.5 Crore Cigarette Smuggling Valuation Section 34 Is Not an Appeal in Disguise: Delhi High Court Upholds 484-Day Extension in IRCON–Afcons Tunnel Arbitration Section 432(2) Cannot Be Rendered Fatuous: Calcutta High Court Reasserts Balance Between Judicial Opinion and Executive Discretion in Remission Matters Termination of Mandate Is Not Termination of Arbitration: Bombay High Court Revives Reference and Appoints Substitute Arbitrator CBI Can’t Prosecute When Bank Suffers No Loss: Andhra Pradesh High Court Discharges Bhimavaram Hospitals Directors in ₹1.5 Crore SBI Case Section 256 CrPC Cannot Be A Shield For An Accused Who Never Faced Trial: Allahabad High Court Restores 8 Cheque Bounce Complaints

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