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IN THE HIGH COURT OF JUDICATURE FOR RAJASTHAN BENCH AT JAIPUR
BIPIN GUPTA
Shanker Steel Supplier – Appellant
Versus
Rampur Engineering Company Limited – Respondent
JUDGMENT :
BIPIN GUPTA, J.
1. The present writ petition has been filed assailing the order dated 01.09.2023 passed by the learned Commercial Court No. 2, Jaipur Metropolitan-II in Civil Suit No. 94/2023 (CIS No. 122/2020), whereby the application filed by the plaintiff-petitioner under Order VI Rule 17 read with Section 151 CPC seeking amendment of the plaint has been rejected.
2. The controversy in a narrow compass is that the plaintiff- petitioner instituted a summary suit on 22.01.2020 against the defendant-respondent for recovery of a sum of Rs.1,16,99,746/- inclusive of interest at the rate of 24%, arising out of the supply of goods.
3. Upon service of summons, the defendant-respondent filed his written statement, denying the averments made in the plaint and contending, inter alia, that the goods supplied by the plaintiff were not of the requisite quality, due to which the same were returned and the payment was adjusted. Subsequently, the plaintiff-petitioner filed a rejoinder, controverting the stand taken by the defendant-respondent.
4. On the basis of the pleadings of the parties, the learned Trial Court framed the issues. The plaintiff-petitioner led his evidence by way of affi
Courts should allow amendments to pleadings post-commencement of trial if necessary for proper adjudication, and not penalize litigants for counsel's inadvertence.
Order 6 Rule 17 CPC, which reads as amendment of pleadings.
Amendments to pleadings under Order VI Rule 17 of CPC should be allowed if necessary for determining real issues, provided they do not cause injustice to the other party.
Amendments to pleadings under Order VI Rule 17 of CPC should be allowed if necessary for justice and do not change the nature of the suit.
Amendments to pleadings under Order 6, Rule 17 CPC should be liberally allowed unless they cause serious injustice or change the nature of the suit.
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