Andhra Pradesh HC Allows Amendment Under Section 152 CPC

In a recent judgment, the single-judge bench of the Andhra Pradesh High Court emphasized the flexibility of Section 152 of the Civil Procedure Code (CPC) in allowing for amendments to documents preceding a suit. The ruling came in response to a plea for amendment filed during the execution of a decree for specific performance of an agreement of sale.

The petitioner had initially filed a suit for specific performance, which was decreed in their favor. However, during the execution stage, it was discovered that a clerical error had led to a discrepancy in the survey number mentioned in the plaint schedule and the suit agreement of sale. Seeking to rectify this error, the petitioner filed an application under Order 6 Rule 17 CPC to amend the plaint. Despite this, the trial court rejected the application, prompting the petitioner to file a civil revision before the High Court.

Arguing in favor of the amendment, the petitioner invoked Section 152 CPC, asserting that amendments can extend to documents preceding the suit if there is no dispute over the identity of the property and if a separate suit is not warranted. The petitioner relied on precedent judgments to support this contention.

The High Court, in its observations, underscored the objective of ensuring that decrees are executed effectively to maintain the sanctity of the trial process. It emphasized that the primary concern should be to facilitate the execution of decrees rather than impeding the process with technicalities.

Ultimately, the court set aside the trial court’s order rejecting the application for amendment, ruling in favor of the petitioner. The judgment, delivered by Hon’ble Mr. Justice Nyapathy Vijay, clarified the expansive scope of Section 152 CPC and its applicability to amendments even in documents preceding the suit, provided certain conditions are met.

This decision underscores the court’s commitment to upholding the principles of justice and efficiency in the legal process, ensuring that procedural hurdles do not obstruct the realization of substantive rights.

Coram: Hon’ble Mr. Justice Nyapathy Vijay

Case No.: C.R.P.No.2367 of 2017

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