I. BACKGROUND
A Division Bench of the Hon'ble Supreme Court comprising
of Hon'ble Mr. Justice Aniruddha Bose and Hon'ble Mr.
Justice J.B. Pardiwala on September 01, 20221 upheld the
orders passed by the High Court of Judicature at Bombay whereby an
application for amendment of pleadings under Order VI Rule 17 of
the Code of Civil Procedure, 1908 (“CPC”) filed by the
Respondent was allowed. While deciding the appeal, the Supreme
Court summarised the guiding principles for deciding an application
under Order VI Rule 17, CPC.
II. FACTS AND APPEAL
The parties to the appeal before the Hon'ble Supreme Court
were involved in a suit for specific performance of an agreement
dated June 08, 1979 and a claim for damages. During the pendency of
the suit, the Plaintiff filed an application for amendment of the
suit for revising the claim of damages from Rs. 1,01,00,000/-
(Rupees One Crore and One Lakh) to Rs. 4,00,01,00,000/- (Rupees
Four Hundred Crore & One Lakh only). The
