NDLI: Ganesh Prasad Vs. Rajeshwar Prasad and Ors.

Content Provider	Supreme Court of India
e-ISSN	30484839
Language	English
Access Restriction	NDLI
Subject Keyword	Code of Civil Procedure 1908
Content Type	Text
Resource Type	Law Judgement
Jurisdiction	India
Act(s) Referred	Transfer of Property Act, 1882 (4 of 1882) Code of Civil Procedure, 1908 (5 of 1908)
Case(s) Referred	Referred Case 0 Referred Case 1 Referred Case 2 Referred Case 3 Referred Case 4 Referred Case 5 Referred Case 6 Referred Case 7 Referred Case 8 Referred Case 9
Case Type	Appeal
Court	Supreme Court of India
Disposal Nature	Appeal Dismissed
Headnote	Code of Civil Procedure, 1908 – Or. VI, R. 17 – Or. IX, R. 8, 9 – Respondent –plaintiff instituted a suit against the appellant-defendant for a declaration that respondents are the lawful owners of the suit property and decree of eviction on the ground of non-payment of rent and creation of sub-tenancy – The appellant-defendant filed a written statement stating that the father of the respondent-plaintiff was mortgagor of the suit property who executed a mortgage deed in favour of father of appellant-defendant (mortgagee) and that is how his father was put in possession of the suit property and suit should fail as mortgage was not redeemed – Later on, the suit came to be dismissed for non-prosecution – Thereafter, respondents filed another suit for redemption of mortgage and possession of suit property – The respondent made an application for amendment of pleadings – Civil Judge rejected the aforesaid application – Respondent challenged the above order by filing revision application before the District Court, which in turn allowed the respondent to amend the plaint – Appellant challenged the said order before the High Court – High Court declined to interfere with the order – Appellant contended before the Supreme Court that suit is barred by provisions of Or. IX, R. 9, as the earlier suit was dismissed for default and the cause of action is same in both the suits – On appeal, held: If the pleas introduced by plaintiff by way of an amendment is also the plea, which the defendant has set up in his written statement and such a plea of the plaintiff is an alternative plea, even though it is inconsistent with the original plea, since there is no prejudice caused to the defendant, the Court is not precluded from allowing the amendment – In the instant case, the case of plaintiffs as put up in alternative is that the defendant is in possession of the suit property as a mortgagee and they are ready to redeem the mortgage by making the necessary payment of the mortgaged amount and take back the possession – It is settled that if the evidence to support the two claims is different than the causes of action are also different – The instant suit was not filed on same cause of action – Hence, the contention raised on basis of the provisions of Or. IX, R. 9 of the CPC has no merits – Transfer of Property Act – ss. 60 and 83.
Judge	Hon'ble Mr. Justice J.B. Pardiwala
Neutral Citation	2023 INSC 228
Petitioner	Ganesh Prasad
Respondent	Rajeshwar Prasad And Ors.
SCR	[2023] 6 S.C.R. 893
Judgement Date	2023-03-14
Case Number	1699

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