GANESH TRADING CO. vs MOJI RAM

The Supreme Court held that under Order 6 Rule 17 of the Civil Procedure Code, an amendment to a plaint can be allowed even if it introduces an essential fact that was inadvertently omitted, provided it does not cause injustice to the other party. The Court clarified that the specification of the capacity in which a suit is filed does not change its character, and the amendment should be permitted to facilitate substantive justice. The appeal was allowed, overturning the lower courts' refusal to permit the amendment.