Pendent lite nihil innovature - Nothing new should be introduced during the pendency of litigation.
Pendent lite nihil innovatur
(Latin for: Nothing new should be introduced during the pendency of litigation)
1. Meaning and Explanation
The phrase means that during the pendency of a lawsuit (pendent lite), no new cause of action or claim should be introduced or added that was not part of the original suit.
It’s a principle ensuring fairness and clarity in litigation by preventing parties from surprising each other with new claims or facts once the trial has begun.
The court proceeds on the basis of the issues framed at the start of the suit, and parties are expected to stick to those issues.
2. Purpose
To avoid multiplicity of litigation and protect parties from endless amendments that could complicate or prolong the trial.
To ensure that the defendant has adequate notice about the claims so they can prepare their defense properly.
Encourages finality and certainty in proceedings.
3. Application in Law
If a party wants to raise a new claim or cause of action during the pendency of a suit, the court usually does not allow it unless there are exceptional circumstances.
New claims can sometimes be introduced by separate suits or by seeking amendment of pleadings before the trial begins.
This doctrine is generally invoked in civil procedure, especially regarding pleadings and amendments.
4. Case Law Illustrations
a) Union of India v. West Coast Paper Mills Ltd. AIR 1987 SC 1113
The Supreme Court emphasized that a new cause of action cannot be introduced during the pendency of litigation unless it arises out of the original cause of action.
It protects the opponent from being taken by surprise.
b) Nair Service Society Ltd. v. K.C. Alexander (1968) 2 SCR 157
The court held that amendments to pleadings should not change the cause of action fundamentally during the pendency.
Introduced the idea that amendments are permissible only if they are in the nature of clarification, not a new cause.
c) Gannon Dunkerley & Co. Ltd. v. State of Rajasthan AIR 1994 SC 2322
The Court clarified that once issues are settled, no new claims or issues can be introduced without court permission.
Reinforced the doctrine to maintain orderliness and justice in litigation.
5. Exceptions
Amendments allowed if:
They clarify or amplify the original cause of action.
They arise out of the same facts and circumstances.
The court permits it for the sake of justice and fair trial.
Courts exercise discretion and may allow amendments in interests of justice.
6. Summary
| Aspect | Explanation |
|---|---|
| Doctrine | No new cause of action during litigation pendency |
| Purpose | Prevent surprise, ensure fairness and finality |
| Application | Restricts introduction of new claims/issues during trial |
| Exceptions | Clarifications or amendments on same cause of action |
| Key Case Laws | Union of India v. West Coast Paper Mills, Nair Service Society, Gannon Dunkerley |
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