Sri Honnaih Since Died by His Lrs v. Sri. Sheshahiah Since Died by His Lr'S

What is this about?

The High Court dismissed a writ petition under Article 227 challenging the trial court's rejection of an amendment application under Order VI Rule 17 CPC. The suit, filed in 2011 for specific performance of an agreement of sale, proceeded on the basis that the plaintiff was not in possession. The amendment, filed in 2016 at the final arguments stage, sought to assert that possession had been handed over on the date of the agreement. The High Court held that such an amendment would fundamentally alter the character of the suit and was rightly rejected by the trial court, particularly given the inordinate delay.