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VINOD CHATTERJI KOUL
Prabhat Terepenes and Synthetics Ltd. – Appellant
Versus
Bank of Baroda, Purani Mandi Branch Jammu – Respondent
JUDGMENT :
1. Petitioner has filed instant writ petition under Article 227 of the Constitution of India. He seeks quashing of Order dated 4th June 2014, hereinafter for brevity referred to as “impugned order”, passed by Additional District Judge, Bank Cases, Jammu, for brevity “Trial Court”, in a case titled as Bank of Baroda vs. Parbhat Terpenes and others. In terms of impugned order petitioner’s application under Order VI Rule 17 of the Code of Civil Procedure for amendment of written statement has been dismissed by the Trial Court.
2. Respondent – Bank of Baroda, has filed a civil suit for recovery of money against petitioner-company and others before Trial Court as petitioner-company for its Oleo Pine Resin Business at Industrial Estate, Jammu had availed loan/credit facilities. Upon filing of civil suit, petitioner/defendant filed its written statement way back in the year 2001. It was in the year 2008 that the Trial Court, vide its order dated 22nd July 2008, framed the issues and fixed the matter for evidence of plaintiff – respondent herein. It is contention of petitioner that in order to elaborate its defence and to incorporate few developments that according to him took pla
The proviso to Order 6 Rule 17 CPC restricts the amendment of pleadings after the trial has commenced, unless due diligence is proven, and the proposed amendment is necessary to decide the real dispu....
The court emphasized that amendments to Written Statements should be allowed liberally, especially when the suit is at an early stage, correcting the Trial Court's misapplication of res judicata prin....
Amendment of Written Statement - Admissions made in the pleadings cannot be permitted to be withdrawn by amendment, but application may be made for explaining the clarification in the admissions.
Order 6 Rule 17 CPC, which reads as amendment of pleadings.
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 main legal point established is that the amendment of pleadings should not be allowed after the trial has commenced, unless the party seeking the amendment can show due diligence in bringing fort....
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