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DELHI HIGH COURT
JAYANT NATH
FDC Limited – Appellant
Versus
FDC India Franchise Development Consulting India – Respondent
JUDGMENT
Jayant Nath, J. (Oral)
IA No. 543/2021
This is an application filed by the defendants seeking condonation of delay of 89 days in filing the written statement and affidavit of admission/denial of documents on behalf of the defendants.
This application is strongly opposed by the learned counsel for the plaintiff.
Keeping in view the judgment of the judgment of the Supreme Court in the case of Suo Moto Writ (Civil) 3/2020, dated 06.05.2020, the present application is allowed.
Written statement is taken on record.
IA No. 6945/2020
1. This application is filed under Order 6 Rule 17 CPC seeking amendment of the plaint.
2. The plaintiff has filed the accompanying suit for permanent injunction restraining infringement of the trade mark, passing off, delivery up, rendition of accounts and damages. It is stated that the suit was listed on 05.08.2020 on which date an interim injunction was granted in favour of the plaintiff. It is stated that during the above-mentioned hearing, the plaintiff became aware about an inadvertent error in the paint regarding the status of the plaintiff's trade mark applications bearing Nos. 1200579 and 1200578. The plaintiff had inadvertently pleaded i
Amendments to a plaint are permissible to correct factual inaccuracies without changing the nature of the case, ensuring proper adjudication without causing undue prejudice to the opposing party.
Amendments under Order VI Rule 17 of CPC are permissible if necessary for proper adjudication, do not change the fundamental nature of the case, and do not prejudice the other party.
The court's decision was influenced by the legal soundness of allowing the amendment application and the need to balance equities in considering related applications.
The main legal point established in the judgment is that an amendment application for including averments regarding infringement of registered trademarks may be allowed if it is based on the same cau....
Amendment in plaint – In terms of Order VI, Rule 17 of CPC, Court may at any stage of proceedings allow either of parties to alter or amend pleadings, in such manner or on such terms, as may be just.
The central legal point established in the judgment is the restriction on allowing amendments after the trial has commenced, as per the mandatory proviso of Order VI rule 17 of CPC.
Amendment to correct typographical error in plaint's property khasra number and area allowed at early stage before written statement, as it does not alter suit nature or cause action, with no due dil....
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