In civil litigation, amendments to pleadings generally relate back to the date of filing the original suit. However, this is not an absolute rule.
In amendments, the courts retain the discretion to decide when an amendment will take effect: on the date of filing the original suit, or the date of carrying out the amendment.
What is Doctrine of Relation Back?
The Doctrine of Relation Back refers to a principle that creates a legal fiction where certain acts or rights are allowed to take effect retroactively from an earlier date than the actual date of occurrence. Because the rights deemed to be enforceable from an earlier date, the doctrine saves the person from the prejudice suffered between the period of enforcement and the actual occurrence of the rights or interest.
The Statutory Basis: Order 6, Rule 17 of the CPC
The power to allow amendments stems from Order 6, Rule 17 of the Code of Civil Procedure, 1908. This provision grants the court broad authority to permit alterations to pleadings at any stage of the proceedings, provided such changes are necessary for determining the “real questions in controversy” between the parties.
The Effect Comes into Play from the Original Date
The Supreme Court, in Sampath Kumar v. Ayyakannu And Anr [AIR 2002 SC 3369], affirmed the established principle, the Doctrine of Relation Back, under which an amendment to a plaint or written statement is deemed to have been part of the pleading since its inception. For all practical purposes, the court treats the amended pleading as if it had been in that form from the very beginning of the suit.
SC Explains How the Doctrine Applies in an Adoption Case
In Sri Mahesh v. Sangram & Ors. [2025 INSC 14], the Supreme Court recently, explained the applicability of the doctrine of relation back while deciding a case concerning Hindu Succession and Adoption laws.
The question the Supreme Court answered was whether an adopted son could assert ownership rights over his adoptive mother’s absolute property acquired prior to his adoption.
The Exception from the Rule: The Court’s Discretionary Power
The rule of relation back is not inflexible. The Court has the inherent discretionary power to direct that an amendment will take effect from the date the amendment application is allowed, rather than from the original date of the suit.
This discretion is typically exercised in specific situations to prevent injustice or prejudice to the opposing party, especially where the timing of the amendment could affect legal rights or the statute of limitations.
Conclusion
Ultimately, the court holds the final authority to determine the effective date of an amendment. While the default is for the change to relate back to the start of the suit, the court can modify this based on the specific facts and circumstances of the case to ensure justice is served.
