Amendment of a plaint can be allowed at the appellate stage

Amendment of a plaint can be allowed at the appellate stage in the Indian judiciary. Several references mention that the application for amendment of the plaint was allowed at the appellate stage, and the amended plaint was permitted to be filed. The main purpose of allowing such amendments is to avoid the multiplication of suits and proceedings and to ensure proper adjudication.

[Ram Kumar Poddar VS Shiv Narain Sao] states that pleadings can be amended even at the appellate stage, and if the plaint is allowed to be amended, the appellate court can either decide the appeal in accordance with the law or remand it to the trial court for fresh adjudication.

[Balaji Apartment VS Flora Properties (P) Ltd. ] mentions that the application for amendment of the plaint should be allowed at the appellate stage, and the defendants should be permitted to file their additional written statement after the plaint is amended.

[Arunashu VS Rajesh] highlights that the respondent-plaintiff filed an application for amendment of the plaint at the appellate stage, which was allowed by the first appellate court. The trial court's judgment was set aside, and the matter was remanded back to the trial court for consequential amendments in the written statement and for fresh adjudication.

[Prem Singh VS Harpal Singh] explains that the proposed amendment of the plaint is based on a subsequent event that took place during the pendency of the suit. It states that the amendment of the plaint should be allowed as per the liberal law of amendment of pleadings, and even the amended provision of Order 6 Rule 17 CPC allows for amendment at any stage before the commencement of the trial.

[Puspa Dey VS Sukanta Dey] and [Puspa Dey VS Sukanta Dey] affirm the order allowing the application for amendment of the plaint passed by the first appellate court. The plaintiffs/respondents are permitted to file the amended plaint within a specified time frame.

[EIH Associated Hotels Limited VS Paramjet Kaur (deleted)] states that the proposed amendments in the plaint are explanatory and elaborating, and they will not cause any prejudice to the defendant. Therefore, the amendment sought to be incorporated in the plaint is allowed.

[Ashmita Saha (minor), daughter of Sri Nitai Lal Saha VS Sikha Rani Saha, wife of Sri Hari Mohan Saha] allows the plaintiff-petitioner to carry out the proposed amendment and orders the filing of the amended plaint within a specified time frame. It also mentions that the defendant-respondent will have the opportunity to file an additional written statement if necessary.

[Moirangthem Yaima Singh VS Laishram Roma Devi] acknowledges that the amendment of either the plaint or the written statement can be allowed at the appellate stage. It emphasizes the need to determine whether the amendment sought changes the nature and character of the defendant's stand in the written statement and whether the additional relief claimed in the counterclaim is permissible.

[Prabha Devi VS Rita Prasad] raises the question of whether the plaintiff can be allowed to amend the relief portion of the plaint at the appellate stage.

Based on the above references, it can be concluded that the Indian judiciary allows for the amendment of a plaint at the appellate stage. This is done to ensure proper adjudication, avoid the multiplication of suits, and provide an opportunity for parties to present their case effectively. The law of amendment of pleadings is considered liberal, allowing for amendments at any stage before the commencement of the trial.