Patna High Court Nixes Trial Court's Order Dismissing Plea For Amendment Of Plaint In Title Suit, Says Issue Of Limitation Is Disputed

The Patna High Court ruled that an amendment to a plaint under Order 6 Rule 17 of the CPC can be allowed even when the question of limitation is disputed. The case involved a plaintiff seeking to amend the plaint to include additional facts and claims. The trial court had rejected the amendment, citing the limitation period. However, the High Court held that the amendment should be allowed if it is necessary for determining the real issues in the case. The court emphasized that the question of limitation should be decided based on the merits of the case and not be a barrier to amending the plaint. This ruling underscores the importance of allowing amendments to ensure a fair trial and the proper adjudication of disputes.