Surendra Kumar Sharma vs Makhan Singh

The Supreme Court granted leave and held that the High Court and trial Court erred in rejecting the amendment of the plaint in an eviction suit based on arrears of rent. The Court emphasized that under Order 6 Rule 17 of the Code of Civil Procedure, amendments should be allowed to resolve the real controversy, even if belated, provided the other party can be compensated. The Court found no merit in the High Court's view that the amendment would change the nature of the suit, affirming that it would remain an eviction suit. Consequently, the orders of the High Court and trial Court were set aside, and the amendment was allowed.