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2017 Supreme(SC) 763

R.K.AGRAWAL, A.M.SAPRE
State of Bihar – Appellant
Versus
Modern Tent House – Respondent


Advocates Appeared:
For the Appellants :- Gopal Singh, Adv.
For the Respondents:- Arup Banerjee, Adv.

Judgement Key Points

Certainly. Based on the provided legal document, the key points are as follows:

  • When an amendment to the written statement is sought, it should be permitted if it is aimed at amplifying or elaborating on the defense already taken, without introducing new defenses or withdrawing admissions (!) .

  • The amendment should be allowed if it does not change the core defense, does not prejudice the other party, and the trial is still ongoing, with evidence yet to be completed (!) .

  • The courts should favor allowing amendments in the interest of justice, especially when the trial is in progress and the proposed amendments do not adversely affect the opposing party's case (!) .

  • The decision to permit amendments is within the discretion of the court, which must consider whether the proposed changes are factual clarifications rather than new defenses or admissions (!) .

  • In this case, the appellate court found that the proposed amendments met these criteria, as they clarified and elaborated on the existing defense without introducing new issues or prejudicing the plaintiffs (!) .

  • The appellate court set aside the previous orders rejecting the amendment, allowing the defendants to amend their written statement, which aligns with principles of justice and procedural fairness (!) .

  • The case was remitted for the trial to be completed expeditiously, ideally within six months, emphasizing the importance of timely justice (!) .

These points highlight the importance of flexibility in pleadings, especially when amendments serve to clarify or strengthen existing defenses without altering the fundamental issues of the case.


JUDGMENT

Abhay Manohar Sapre, J.

This appeal is filed by the defendants against the final judgment and order dated 17.04.2006 passed by the High Court of Patna in C.R. No. 1249 of 2005 whereby the High Court disposed of the civil revision filed by the appellants herein while giving them liberty to raise such question in appeal in case the decision of the Trial Court goes against them.

2. Facts of the case need not be mentioned in detail except to the extent necessary for the disposal of this appeal.

3. The respondents (plaintiffs) have filed a money suit (Suit No.28 of 2002) in the Court of sub-Judge-1 Chhabra against the appellants (defendants) for recovery of Rs. 41,59,418/-. The appellants filed their written statement and denied therein the respondents' claim by joining issues on facts. Issues have accordingly been framed on the basis of the pleadings. It appears that the evidence of respondents (plaintiffs) is over and that of the appellants (defendants) remains.

4. The appellants filed an application under Order 6 Rule 17 of the Code of Civil Procedure 1908 (hereinafter referred as "the Code") seeking amendment in their written statement by adding two Paragraphs in their written s







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