CPC O. 2 R. 2 - CPC O. 6 R. 17 - Order II Rule 2 CPC bars subsequent suits if certain conditions are met. Amendments necessary for determining the real controversy are generally allowed, except when unjust or prejudicial. Amendments aiding proper adjudication and avoiding multiple proceedings are permitted. Amendments introducing time-barred claims, altering the suit's nature, or losing a valid defense are disallowed. Courts should be liberal and avoid a hyper-technical approach, considering the dispute to render a satisfactory decision. Delay alone isn't a ground for disallowing amendments, but when they completely change the suit's nature, they must be rejected. [ID 404505]

Order II Rule 2 cpc operates as a bar against a subsequent suit if the requisite conditions for application thereof are satisfied and the field of amendment of pleadings falls far beyond its purview
All amendments are to be allowed which are necessary for determining the real question in controversy provided it does not cause injustice or prejudice to the other side
The prayer for amendment is to be allowed if the amendment is required for effective and proper adjudication of the controversy between the parties and to avoid multiplicity of proceedings
A prayer for amendment is generally required to be allowed unless it introduces a time-barred claim, changes the nature of the suit, is malafide, or the other side loses a valid defense
The court should avoid a hypertechnical approach and is ordinarily required to be liberal, especially where the opposite party can be compensated by costs
The court should allow the amendment if it would enable the court to pinpointedly consider the dispute and would aid in rendering a more satisfactory decision
Delay in applying for amendment alone is not a ground to disallow the prayer.
Where the amendment changes the nature of the suit or the cause of action, so as to set up an entirely new case, foreign to the case set up in the plaint, the amendment must be disallowed.
PLRonline ID 404505
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