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IN THE HIGH COURT OF DELHI AT NEW DELHI
Tushar Rao Gedela, J.
Rajender Kumar Saxena – Appellant
Versus
Jitender Kumar Gupta – Respondent
CM(M) 955 of 2022 & CM APPL. 40274 of 2022
Decided On : 16-03-2023
Order VI Rule 17 CPC - Amendment of Pleading - The court allowed the respondent to file an amended plaint, and directed the petitioner to file an amended written statement, while eschewing the observations and findings on merits with respect to the application under Order VI Rule 17 CPC from consideration.
Fact of the Case:
The court directed the respondent to file an amended plaint and allowed the petitioner to file an amended written statement, while eschewing the observations and findings on merits with respect to the application under Order VI Rule 17 CPC from consideration.
Finding of the Court:
The court disposed of the petition with directions for amendment of pleadings and allowed the petitioner to challenge the dismissal of the application under Order VII Rule 11 CPC before the appropriate forum.
Issues: Amendment of pleadings, challenge to dismissal of application under Order VII Rule 11 CPC
Ratio Decidendi: The court allowed the respondent to file an amended plaint and directed the petitioner to file an amended written statement, while eschewing the observations and findings on merits with respect to the application under Order VI Rule 17 CPC from consideration.
Final Decision: The petition is disposed of with no orders as to costs.
JUDGMENT
Tushar Rao Gedela, J. (Oral)
[The proceeding has been conducted through Hybrid mode]
1. With the consent of the parties, the following directions are passed:
(i) The impugned order in respect of the observations and findings on merits, even though prima facie, with respect to the application under Order VI Rule 17 CPC, 1908, would be eschewed from consideration by the learned Trial Court.
(ii) The application under Order VI Rule 17 CPC, 1908 filed by the respondent stands allowed subject to para (i). The amended plaint, if not filed, may be filed by the respondent within two weeks from today with an advance copy to the learned counsel appearing for the petitioner.
(iii) The petitioner/defendant may file its amended written statement to the amended plaint taking all and any objections available to it as per law including, but not limited to, the objections of limitation, objections under Section 33 & 35 of the Indian Stamp Act, 1899 etc.
(iv) Insofar as the challenge to the dismissal of the application under Order VII Rule 11 CPC, 1908 filed by the petitioner is concerned, the petitioner/defendant is at liberty to challenge the same in accordance with law before the appropriate forum.
2. The petition is disposed of in the above terms with no orders as to costs.
The court has the discretion to allow the amendment of pleadings under Order VI Rule 17 CPC, and parties have the right to challenge the dismissal of applications under Order VII Rule 11 CPC before t....
Timely filing of amended plaints under Order VI Rule 18 of CPC, 1908 is crucial, and unexplained delays may lead to dismissal of the petition.
Parties may rely on admissions in pleadings for argumentation; courts should expedite resolution of long-pending cases.
The Court has the discretion to direct the petitioner to file a reply to an application under Order 6 Rule 17 of the CPC, 1908 before the Trial Court.
Procedural requirement of specifying intended amended paragraphs and providing opposing party an opportunity to object under Order VI Rule 17 of the CPC, 1908.
A party has the liberty to withdraw an application under Order VI Rule 17 of CPC, 1908 and file a fresh one, subject to the law of limitation.
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 main legal point established in the judgment is the permissibility of amendments at any stage of the proceedings, the necessity of amendments for determining the real questions in controversy, an....
The court emphasized expediency and the pending nature of the suit in reaching its decision.
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