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IN THE HIGH COURT OF DELHI AT NEW DELHI
BAJAJ RESOURCES LIMITED & ANR – Appellant
Versus
GOYAL HERBALS PRIVATE LIMITED & ORS – Respondent
| Table of Content |
|---|
| 1. condonation of delay in filing reply (Para 1 , 2 , 3) |
| 2. facts related to the suit and application (Para 5 , 6 , 7 , 8) |
| 3. plaintiff and defendants' arguments on amendments (Para 9 , 10 , 11) |
| 4. court's analysis on amendments relevance (Para 12 , 14 , 20 , 22 , 23) |
| 5. principles for amendment of plaint (Para 15 , 16 , 17 , 18 , 19) |
| 6. final order on amendment and next steps (Para 27 , 28 , 29 , 30 , 31) |
JUDGMENT :
AMIT BANSAL, J.
I.A. 1586/2025 (condonation of delay in filing reply to application under Order VI Rule 17 of CPC)
1. This application has been filed on behalf of the defendants seeking condonation of delay of 19 days in filing reply to the plaintiffs’ application under Order VI Rule 17 of the Code of Civil Procedure, 1908 (hereinafter ‘CPC’).
2. For the reasons stated in the application, the same is allowed.
3. Delay of 19 days in filing reply to the application is condoned.
4. Accordingly, the application stands disposed of.
I.A. 39862/2024 (Order VI Rule 17 of CPC)
5. The present suit has been filed for permanent injunction restraining the defendants from using the mark ‘ALMOND DROPS’ amounting to infringement of trade mark/ trade dress, passing off and infringeme
 | |||||
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.
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 to pleadings under Order 6 Rule 17 CPC are permissible if they do not change the fundamental character of the suit and aim to avoid multiplicity of proceedings.
A plaintiff cannot file multiple suits for the same cause of action concurrently in different jurisdictions; it constitutes forum shopping and is impermissible under Order II Rule 2 CPC.
The court emphasized the need to be liberal in allowing amendments to pleadings, especially in written statements, and ensuring that amendments are necessary for determining the real issues in contro....
Courts should allow amendments to pleadings post-commencement of trial if necessary for proper adjudication, and not penalize litigants for counsel's inadvertence.
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