ALKAPURI COOP. HOUSING SOCIETY LTD. vs JAYANTIBHAI NAGINBHAI(D) THR.LRS

The Supreme Court upheld the High Court's decision allowing the amendment of the plaint under Order VI Rule 17 of the Code of Civil Procedure, 1908, which permits amendments for the purpose of determining the real questions in controversy. The Court emphasized that amendments should be allowed liberally unless they cause injustice to the other party. The ruling clarified that the legal representatives of the deceased respondent were entitled to seek necessary amendments to include the Town Planner and the Surat Municipal Corporation as defendants to ensure proper adjudication of the case.