SAMPATH KUMAR vs AYYAKANNU

The court considered whether a plaintiff in a suit for permanent injunction could amend the plaint under Order VI Rule 17 of the CPC to seek declaration of title and delivery of possession after being forcibly dispossessed during the pendency of the suit. The primary issue was whether such an amendment changes the fundamental nature of the suit or the cause of action. The Trial Court had previously rejected the amendment, suggesting the filing of a separate suit instead.