Clarificatory amendments should be allowed, and defendants can file amended written statements to address such assertions made by the plaintiff.

JUDGMENT

Tushar Rao Gedela, J. (Oral)

[The proceeding has been conducted through Hybrid mode]

CM APPL. 30672/2023 (for early hearing)

1. This is an application seeking early hearing of the present petition.

2. The application is allowed. The petition is taken up today for hearing.

3. The application stands disposed of.

CM(M) 1259/2022

4. Petitioner challenges the order dated 12.09.2022 passed in CS SCJ 936/2019 titled as "Sumit Kumar @ Sunny vs. Anju Kumari" whereby the learned Trial Court had allowed an application under Order VI Rule 17 CPC seeking an amendment in the plaint to include and clarify para No. 7 A and para No.21 in the plaint.

5. Learned counsel appearing for the petitioner/ defendant submits that by virtue of the amendment to para 7 A and para 21 of the plaint, the respondent/ plaintiff is seeking to change the nature of the suit and include a claim which is time barred.

6. Learned counsel submits that the amendment application seeking to include para 7 A in the plaint is based on the allegation that the FIR, which has been mentioned in para 7 of the original plaint was circulated amongst the neighbours by the petitioner/ defendant.

7. Learned counsel submits that this particular allegation was not taken in the original plaint and, therefore, it would not only change the nature of the suit but also include something which is extraneous to the original plaint.

8. Learned counsel further submits that the time barred claim cannot be entertained by way of an amendment application.

9. Mr. Aggarwal, learned counsel for the petitioner also submits that by virtue of such amendment, the petitioner/ defendant would need to stand trial against the new allegations, which were never a part of the original plaint.

10. Learned counsel further submits that by virtue of such amendment having been allowed, the petitioner shall also now have to defend himself against third party, which is not the purport of the provision under Order VI Rule 17 of the CPC, 1908.

11. This Court has heard the submissions made by the learned counsel for the petitioner and perused the impugned order as also the original plaint and the amendment application placed on record by the petitioner.

12. In order to appreciate the contentions of learned counsel for the petitioner, it would be appropriate to extract para 6 to 9 of the original plaint, which are as follows :

"6. That the plaintiff and his family members were shocked and surprised to learn that the defendant had filed a false and frivolous complaint against the plaintiff and his family members in Crime against Women Cell, Patparganj, East Delhi, Delhi on dated 24.06.2017& SHO Police station Ghazipur and also in office of the brother of the plaintiff Puneet Kumar, alleging all false and frivolous allegations against the plaintiff, his brother Puneet and other family members without any substantiating proof. However, on the complaint of the accused, the FIR No. 353, U/s.: 498-A/406/34 IPC, P.S.: Ghazipur was registered against the plaintiff and his family members including his brother namely Puneet Kumar.

7. That after going through the FIR bearing No. 353. U/s.: 498- A/406/34 IPC, P.S.: Ghazipur, the plaintiff was shocked and surprised to read out the allegations which the defendant has levelled against the plaintiff in para no.2 of the FIR which is read as under:

`Mera Devar Sumit Kumar mere prati galat bhavna rakhne lagatha. Kabhi bhi mujhe touch kar deta tha. Main ye samjhti rahi ki devar bhabhi ka rishta hai mazak main aisa kar diya hoga'

8. That the defendant has circulated the copy of FIR bearing No. 353/2017, U/s.: 498-A/406/34 IPC, P.S.: Ghazipur, along with a representation to the Head Office, Bank of Allahabad, Kolkata, as the brother of plaintiff Sh. Puneet is working in Bank of Allahabad as Branch Manager, and on the basis of which the brother of the plaintiff Puneet Kumar had received a letter bearing reference no. Ser. Br/ND/Admin/PK/2995 and they had sought an explanation regar