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TUSHAR RAO GEDELA
Rajender Kumar Gupta – Appellant
Versus
Gadiwala Load Services Pvt. Ltd. – Respondent
JUDGMENT :
TUSHAR RAO GEDELA, J.
[The proceeding has been conducted through Hybrid mode]
CM APPL. 1665/2023 (for exemption)
1. Exemption is allowed, subject to all just exceptions.
2. The application is disposed of.
CM(M) 53/2023
3. Learned counsel for the petitioner impugns the order dated 02.11.2022, whereby the learned Trial Court has imposed a cost of Rs. 10,000/- for seeking adjournment for moving an appropriate application seeking amendment of the plaint.
4. Learned counsel submits that vide the order dated 26.09.2022, the learned Trial Court while considering the contents of the plaint was of the opinion that the said plaint is ambiguous in its contents and accordingly, it deemed it appropriate to grant an opportunity to the plaintiff to amend the plaint or to remove the ambiguities and to represent the plaint in proper form.
5. Learned counsel further submits that he was engaged by the petitioner just a day prior to the impugned order dated 02.11.2022 was passed and on the said date, learned counsel sought some time to remove the ambiguities, if any, and re-file the suit in a proper form or, if required, in the form of an ordinary suit along with an appropriate application in regard
At a nascent stage of a suit, necessary amendments or corrections can be allowed without prejudicing anyone, including the defendant.
The court has the discretion to set aside the imposition of costs if it deems them to be onerous, considering the circumstances of the petitioner.
The main legal point established in the judgment is the necessity of amending the plaint when a new defendant is added to ensure that the plaintiff is not non-suited for lack of pleadings or resultan....
The court has the discretion to allow amendments to the plaint under Order VI Rule 17 CPC, especially when it would not prejudice the other party and the suit is at an advanced stage.
The court emphasizes the importance of imposing costs to ensure fairness in civil proceedings, modifying previous orders to enhance justice.
A procedural amendment related to a bank guarantee invocation should not incur costs on the petitioner, particularly when necessitated by circumstances beyond their control.
The proposed amendment to the plaint should be allowed if it is necessary for the just and proper disposal of the case and does not change the nature of the suit.
The main legal point established in the judgment is the necessity of allowing necessary amendments to the plaint when a new defendant is added in a pending suit to ensure that the plaintiff is not no....
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