Supreme Court Disallows Plaint Amendment After Dismissal Despite Appeal Continuation

Case Snapshot

Case Name: Chitra & Anr. v. C. Natarajan

Citation: 2026 INSC 781

Bench: Justice J.B. Pardiwala and Justice K. Vinod Chandran

Date of Judgment: July 28, 2026

Area of Law: Civil Procedure, Amendment of Pleadings

The Judgment in One Line

Amendment of plaint at appellate stage after suit dismissed on that ground not permitted under Order VI Rule 17 due to lack of due diligence.

Why This Judgment Matters

This judgment reinforces the strict interpretation of the proviso to Order VI Rule 17 of the CPC. It holds that amendments after trial commences are permissible only where due diligence is shown, and that sheer carelessness cannot be cured even at the appellate stage. The Court emphasized that an appeal is a continuation of the suit for procedural purposes, but this does not override the substantive restrictions on post-trial amendments. The judgment protects defendants from being ambushed by belated amendments and ensures that plaintiffs who fail to correct errors during trial must suffer the consequences.

Background

The appellant (plaintiff) filed a suit for recovery o

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