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SUPREME COURT OF INDIA
R.C. LAHOTI, CJI., G.P. MATHUR, J.
PRADEEP SINGHVI AND ANOTHER - APPELLANTS
VERSUS
HEERO DHANKANI AND OTHERS - RESPONDENTS
CIVIL APPEAL NO. 4366 OF 2004,
DECIDED ON JULY 23, 2004
Civil Procedure Code, 1908, Order 6, Rule 17 , proviso - Amendment of written statement - Application for amended moved after examination of one of the plaintiffs- Some additional pleas raised- Trial Court rejected the application- High Court also refused to allow amendment- Not proper- Under Order 6 Rule 17, ref=act:10444>C.P.C., the Court has discretion to permit at any stage such amendment as would be necessary for the purpose of determining the real questions in controversy - Though the trial court had commenced the proceedings of the case, held the proposed amendment, would not irreparably prejudice the plaintiffs- Order of courts below set aside and amendment allowed subject to payment of cost of Rs. 2500.[Paras 3 to 5]
ORDER
1. LEAVE GRANTED.
2. THE PLAINTIFF-RESPONDENTS FILED A SUIT FOR RECOVERY OF RS 5,77,300 BASED ON A DOCUMENT DATED 1-4-1995. THE DEFENDANT-APPELLANTS ARE CONTESTING THE SUIT. SOON AFTER EXAMINATION OF ONE OF THE PLAINTIFFS, THE DEFENDANTS MOVED AN APPLICATION FOR AMENDMENT OF THE WRITTEN STATEMENT RAISING AN ADDITIONAL PLEA. THE PRAYER HAS BEEN REJECTED BY THE TRIAL COURT AS ALSO BY THE HIGH COURT.
3. WE HAVE HEARD THE LEARNED COUNSEL FOR THE PARTIES. WE DO NOT FIND MERIT IN THE SUBMISSION MADE ON BEHALF OF THE RESPONDENTS THAT THE PROPOSED AMENDMENT WOULD HAVE HAD THE EFFECT OF DRASTICALLY ALTERING THE NATURE OF THE DEFENCE OR WITHDRAWING AN ADMISSION MADE EARLIER BY THE DEFENDANTS. UNDER ORDER 6 RULE 17 CPC, THE COURT HAS DISCRETION TO PERMIT AT ANY STAGE OF THE PROCEEDINGS SUCH AMENDMENT IN THE PLEADINGS AS WOULD BE NECESSARY FOR THE PURPOSE OF DETERMINING THE REAL QUESTIONS IN CONTROVERSY BETWEEN THE PARTIES.
4. OF COURSE, BY THE TIME THE DEFENDANTS MOVED AN APPLICATION FOR AMENDING THE WRITTEN STATEMENT, THE TRIAL HAD COMMENCED BUT THE PROPOSED AMENDMENT, IF ALLOWED, WOULD NOT HAVE IRREPARABLY PREJUDICED THE PLAINTIFFS. AT THE MOST, THE PLAINTIFF WOULD HAVE BEEN RE-EXAMINED. WE DO NOT THINK THAT THE TRIAL COURT WAS JUSTIFIED IN REFUSING THE PRAYER FOR AMENDMENT IN WRITTEN STATEMENT WHICH WOULD HAVE THE EFFECT OF EXCLUDING THE DEFENDANTS FROM RAISING A PLEA MATERIAL FOR THEIR DEFENCE.
5. THE IMPUGNED ORDER OF THE TRIAL COURT DATED 6-2-2001 IS SET ASIDE. THE DEFENDANT-RESPONDENTS APPLICATION FOR AMENDMENT IN WRITTEN STATEMENT WHICH CAME UP FOR HEARING ON 15-1-2001 IS ALLOWED BUT SUBJECT TO PAYMENT OF COSTS OF RS 2500 TO BE PAID BY THE DEFENDANTS TO THE PLAINTIFFS BEFORE THE TRIAL COURT. NEEDLESS TO SAY, THE PLAINTIFFS SHALL HAVE THE LIBERTY OF INCORPORATING CONSEQUENTIAL AMENDMENT IN THE PLAINT OR FILING REJOINDER TO THE PLEA RAISED BY THE DEFENDANTS IN THE WRITTEN STATEMENT BY WAY OF AMENDMENT.
6. PAYMENT OF COSTS SHALL BE A CONDITION PRECEDENT TO THE INCORPORATION OF AMENDMENT IN THE WRITTEN STATEMENT.
7. THE APPEAL STANDS DISPOSED OF IN THE TERMS ABOVESAID.
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