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THE GAUHATI HIGH COURT, (HIGH COURT OF ASSAM, NAGALAND, MIZORAM AND ARUNACHAL PRADESH)
SUSMITA PHUKAN KHAUND
Brahmaputra Tele Production Pvt. Ltd., Rep. By Its Editor In Chief Sri Monoj Goswami – Appellant
Versus
Dwipayan Das, S/o. Lt. Sachindra Chandra Das – Respondent
| Table of Content |
|---|
| 1. the basis and context of legal proceedings initiated by the respondent. (Para 2 , 4 , 5) |
| 2. arguments surrounding the rejection of the amendment application. (Para 9 , 10 , 21) |
| 3. court's reasoning and observation regarding the amendment process. (Para 22 , 24 , 27 , 36) |
| 4. the court's final decision dismissing the amendment application. (Para 48 , 50) |
JUDGEMENT :
(SUSMITA PHUKAN KHAUND, J.)
Heard Ms. B. Bhuyan, learned counsel for the petitioners and Mr. B.K. Bhagawati, learned counsel for the respondent.
2. This petition is filed under Article 227 of the Constitution of India, challenging the order dated 30.11.2019 passed by the learned Civil Judge, Morigaon in connection with Title Suit No. 1 of 2012, whereby M.J. Case No. 47/2017 of the petitioners under Order VI Rule 17 of the Code of Civil Procedure, 1908 (CPC for short) for amendment of the written statement, was dismissed.
3. The petitioner No. 1 in this case is Brahmaputra Tele Production Private Limited, represented by its Editor-in-Chief Sri Monoj Goswami and the petitioner No. 2 is the Editor-In- Chief Sri Monoj Goswami himself. The respondent is Sri Dwipayan Das. The petitioner No. 1 is a private limited com
The court clarified that amendments to pleadings must not fundamentally alter the nature of a case, particularly if it risks causing serious prejudice to the opposing party.
Amendment of Written Statement - Admissions made in the pleadings cannot be permitted to be withdrawn by amendment, but application may be made for explaining the clarification in the admissions.
The main legal point established in the judgment is the significance of due diligence in seeking amendments to pleadings after the commencement of trial, as well as the purpose of the amendment to cu....
The court emphasized the importance of due diligence and bona fide, legitimate, and necessary amendments, while rejecting mala fide, worthless, and dishonest amendments.
Amendments to written statements should be allowed liberally to facilitate justice and avoid multiplicity of litigation, as long as they do not change the underlying defense.
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