Research › Browse › Judgment

Madhya Pradesh High Court · body

1978 DIGILAW 107 (MP)

Laxmichand v. Gopaldas

1978-02-02

H.G.MISHRA

body1978
Short Note : Ordinarily, the decree in a suit should accord with the rights of the parties as they stand at the date of the institution. But where it is shown that the original relief claimed has, by reason of subsequent change of circumstances, becomes inappropriate or that it is necessary to have the decision of the Court on the altered circumstances in order to shorten litigation or to do complete justice between the parties, it is incumbent upon a Court of Justice to take notice of events which have happened since the institution of the suit and to mould its decree according to the circumstances as they stand at the time the decree is made. The learned trial Judge has acted contrary to these principles, It is no doubt true that inducting of new sub-tenants during the pendency of the suit constitutes a new cause of action, but the cause of action as shown appears to have arisen from the action of the defendant which was not in the control of the plaintiff-landlord, therefore in the altered circumstances, it was necessary to permit the plaintiff to incorporate the subsequent events and affect amendment in the light thereof Leave to amend can be granted and must be granted to effect the amendment based on events which have happened 'since the institution of the suit. Mandliprasad Ramcharanlal v. Ramcharanlal and other, AIR 1948 Nag. 1, Dhansingh v. Badriprasad, AIR 1963 Raj. 198 , Pasupuleti Venkateswarlu v. The Motor and General Traders, AIR 1975 SC 1409 relied on. Revision allowed.