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TUSHAR RAO GEDELA
Er Rajainderr Jaina – Appellant
Versus
Rahul Jaina – Respondent
JUDGMENT
Tushar Rao Gedela, J. (Oral)
[The proceeding has been conducted through Hybrid mode]
1. Petitioner challenges the order dated 10.03.2023 in CS No. 58585/2016 filed by the petitioner, titled as "Dr. Er Rajainderr Jain Versus Rahul Jaina" whereby an application under Order VI Rule 18 filed on behalf of the respondent/defendant was allowed and simultaneously the application under Section 151 of CPC, 1908 filed on behalf of petitioner/plaintiff seeking condonation of delay in filing the amended plaint, was dismissed.
2. Vide order dated 13.02.2019, learned Trial Court had allowed the application under Order VI Rule 17 of CPC, 1908 and simultaneously had noted that the amended plaint is taken on record. It further directed the respondent/defendant to file its amended written statement.
3. It transpires from the impugned order as also from the record as filed by the petitioner/plaintiff herein, that the amended plaint appears to have not been filed on or before 13.02.2019.
4. Since the amended plaint was not filed, the respondent had filed an application under Order VI Rule 18 of CPC, 1908 filed on 30.04.2019 seeking closure of the right of the petitioner/plaintiff to file the
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.
The importance of timely filing and the bona fides of the petitioner/defendant in allowing the amendment to the written statement.
Procedural requirement of specifying intended amended paragraphs and providing opposing party an opportunity to object under Order VI Rule 17 of the CPC, 1908.
Non-compliance with court orders for amendment and court fees deposit can lead to dismissal of the suit for default and non-prosecution.
The central legal point established in the judgment is the discretion of the courts to permit defendants to file their written statements and the need to decide suits on merits rather than technicali....
The main legal point established in the judgment is that the discretion to allow amendments should be exercised judiciously, and no application for amendment should be allowed after the trial has com....
Timely compliance with orders for amendment and court fees is mandatory, with failure resulting in dismissal for non-prosecution; dismissal is not automatic upon failure to pay fees without a specifi....
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