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NAMIT KUMAR
Goel Roadways – Appellant
Versus
United India Insurance Company Limited – Respondent
JUDGMENT
Mr. Namit Kumar, J.
This revision petition has been filed by petitioner-defendants under Article 227 of the Constitution of India for setting aside order dated 02.07.2022 passed by learned Civil Judge (Senior Division), Ludhiana in Civil Suit No.CS 43716 of 2013 titled 'United India Insurance Company Limited and another v. M/s Goel Roadways and another', whereby application filed by respondent-plaintiffs under Order 6, Rule 17 read with section 151 CPC for amendment of plaint, has been allowed.
2. Brief facts of the case are that respondent-plaintiffs filed a suit for recovery of Rs.24,67,615/- by way of compensation and damages for the damaged delivered consignment dispatched vide G.C. Note No.736609 dated 10.06.2009 Ex. Coimbatore to Malerkotla pleading therein that plaintiff No.1 is a special power of attorney of plaintiff No.2. Plaintiff No.2 - M/s Nahar Fibres Proprietors Nahar Spinning Mills Limited had got a consignment of machinery from M/s Lakshmi Machine Works Ltd., Perianalcken Playam, Coimbatore vide invoice No.111900163/2 dated 10.06.2009 worth Rs.34,82,719.42. The said consignment was dispatched through defendants vide G.C. Note No.736609 dated 10.06.2009 Ex. C
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.
Order 6 Rule 17 CPC, which reads as amendment of pleadings.
Amendments to pleadings post-trial require showing of due diligence, and must not alter the fundamental nature of the case, or cause undue prejudice to the opposing party.
The court emphasized the importance of bona fide amendments and a liberal approach to avoid multiplicity of litigations while considering applications for amendment under Order 6 Rule 17 of the CPC.
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