LAW FOR ALL

or. 6, rule 17 of c.p.c. - whether the averments on the basis of which the application for amendment was filed are correct or not are not germane for consideration at the time of considering the application for amendment. Such averments can be put to test only in the trial. The only question that is relevant at the time of considering the application for amendment is whether such amendment is permissible in law. The law is well settled that the plaintiff in a suit for permanent injunction is entitled to seek amendment by claiming relief of declaration of title and recovery of possession and that such amendment does not alter the nature of the suit. (See Sampath Kumar, Appellant v. Ayyakannu and another2)