Delhi High Court

Amending grounds of challenge without altering relief sought does not change the cause of action.

Shri Manish Kumar & Anr. vs Shri Ajay Kumar Sharma & Ors.

Delhi High CourtJUDGMENT: April 07, 20262 MIN READSOURCE JUDGMENT
THE ORIGINAL LAWLENS SUMMARY
01

Facts

The petitioners challenged an order dated 11 December 2025 passed by the Central Administrative Tribunal (CAT) in OA 398/2022.

Source reference: para. 2

In the original OA, Respondents 1 and 2 (applicants before the CAT) sought fixation of seniority predicated on the precedent of one "Sh. Somvir Singh".

Source reference: para. 4

Following a subsequent order by official respondents on 14 January 2025 rejecting Somvir Singh's case, Respondents 1 and 2 moved an application to amend their prayer clause to challenge the seniority list independently, removing the specific reliance on Somvir Singh.

Source reference: para. 4

The CAT allowed the amendment.

Source reference: para. 4

The petitioners (private respondents before the CAT) filed the present writ petition, contending that the amendment altered the nature of the cause of action and that the OA was premature as official respondents had not yet reached a decision on the merits.

Source reference: para. 5, 7
02

Issues

1. Whether the Central Administrative Tribunal erred in allowing the amendment of the prayer clause in the original application.

Source reference: para. 2, 6

2. Whether the removal of reliance on a specific precedent (Somvir Singh) and setting up an independent challenge to seniority constitutes a fundamental change in the cause of action.

Source reference: para. 7-8
03

Law Applied

The Court primarily relied on the principles governing the amendment of pleadings established by the Supreme Court in LIC v. Sanjeev Builders (P) Ltd. (2022) 16 SCC 1.

Source reference: para. 9

This precedent dictates that courts must be "extremely liberal" in granting amendments to subserve the cause of justice and avoid multiplicity of litigation.

Source reference: para. 9, sub-para. 18

Amendments should generally be allowed if they are necessary to determine the real question in controversy and do not cause injustice to the other side that cannot be compensated by costs.

Source reference: para. 9, sub-para. 22, 25

The Court further applied the principle of dominus litus, affirming that the claimant has the prerogative to choose the grounds upon which they press their claim.

Source reference: para. 13
04

Reasoning

The Court observed that the fundamental relief sought—the fixation of seniority vis-à-vis the petitioners—remained unchanged after the amendment.

Source reference: para. 10

The Court reasoned that moving from a derivative claim (based on Somvir Singh) to an independent challenge was merely a "change of the ground" for the challenge rather than a change in the nature of the suit.

Source reference: para. 11-12

Citing LIC v. Sanjeev Builders, the Court noted that an amendment that constitutes an additional or different approach to the same facts should be permitted.

Source reference: para. 9, sub-para. 26

The Court rejected the petitioners' argument regarding the cause of action, holding that as dominus litus, the respondents were entitled to choose their legal grounds.

Source reference: para. 13

Finally, the Court noted that the petitioners’ grievances regarding prolonged litigation were not valid grounds to overturn a discretionary order allowing an amendment that is necessary to resolve the actual dispute.

Source reference: para. 6
05

Holding

The High Court found no error in the Tribunal’s order and dismissed the writ petition in limine, describing it as an unnecessary burden on the court's docket.

The Court held that the amendment did not constitute a fundamental change in the cause of action or the lis agitated before the Tribunal.

Source reference: para. 13

The Court clarified that all legal defences remain open to the petitioners to be raised in their response to the amended OA before the Tribunal.

Source reference: para. 16
Delhi High Court

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Shri Manish Kumar & Anr.vsShri Ajay Kumar Sharma & Ors.

Delhi High Court · April 07, 2026

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