Mallavva vs Kalsammanavara Kalamma 2024 INSC 1021 -Order VI Rule 17 – Amendment Of Pleadings – Appellate Stage

Code of Civil Procedure 1908 – Order VI Rule 17 – A party cannot be refused just relief merely because of some mistake, negligence, inadvertence or even infraction of rules of procedure. The court always gives relief to amend the pleading of the party, unless it is satisfied that the party applying was acting mala fide or that by his blunder, he had caused injury to his opponent which cannot be compensated for by an order of cost -When there are several reliefs claimed in a suit, the limitation period would be that of the main relief, the limitation for ancillary relief being ignored – In a suit for declaration with a further relief, the limitation would be governed by the Article governing the suit for such further relief. In fact, a suit for a declaration of title to immovable property would not be barred so long as the right to such a property continues and subsists. When such right continues to subsist, the relief for declaration would be a continuing right and there would be no limitation for such a suit. The principle is that the suit for a declaration for a right cannot be held to be barred so long as Right to Property subsist. (Para 23-32)