B.K. Narayana Pillai v. Paremswaran (2000) 1 SCC 712

This case explains when courts should allow changes to pleadings under Order 6 Rule 17 CPC. The Supreme Court said: the power is wide and exists to do justice.

• Delay alone is not a reason to refuse an amendment if costs can cover any harm.
• Alternative defences are allowed, but you cannot withdraw clear admissions or add mutually destructive facts.
• Result: Amendment permitted; subject to payment of arrears and ₹3000 costs within one month.

1. Can a court reject an amendment only because of prolonged delay when costs can compensate the other side?

• Order 6 Rule 17 CPC: Courts may allow amendments “as may be just” at any stage.
• Alternative plea: Defendant can take alternative defences if no injustice is caused and no admission is withdrawn.
• Limits: Do not allow inconsistent, contradictory, or mutually destructive facts that negate admitted positions.

• Amendment allowed: The alternative plea was an extension of the defence, not inconsistent.
• Delay not fatal: Where costs compensate, mere delay cannot defeat a fair amendment.
• Permission terms: Appellant may add the §60(b) Easements Act plea, subject to paying all licence-fee arrears and ₹3000 costs within one month from appearance before Trial Court.

Wide power, fair limits. Order 6 Rule 17 CPC is to advance justice. Allow amendments unless they withdraw admissions or add mutually destructive facts; delay alone is not a bar if costs suffice.

• Clarifies the boundary between alternative and inconsistent defences.
• Guides courts to use costs instead of shutting out defences due to delay.
• Useful template for amendment applications and objections.

• 1 O6R17 power is wide and aims at justice.
• 2 Delay ≠ denial if costs can cure prejudice.
• 3 Alternative pleas allowed; do not withdraw admissions.
• 4 Refuse if amendment brings mutually destructive facts.

Mnemonic: “AMEND FAIR, NOT FLAIR.”

• AMEND → Courts can allow changes at any stage.
• FAIR → Use costs; avoid injustice.
• NOT FLAIR → No contradictions or withdrawn admissions.

3-Step Hook:

1. Identify prejudice: Can costs cover it?
2. Check admissions: Is anything being withdrawn?
3. Scan consistency: Avoid mutually destructive facts.

Order 6 Rule 17 CPC

Provision allowing amendment of pleadings on just terms.

Alternative Plea

A backup defence that does not withdraw admissions.

Mutually Destructive Facts

Two positions that cannot both be true; often refused in amendment.

Easements Act §60(b)

Makes certain licences irrevocable if the licensee has built on the licensee’s expense and conditions apply.