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IN THE COURT OF MANIPUR AT IMPHAL
JUDGMENT :
AHANTHEM BIMOL SINGH, J.
[1] Heard Mr. M. Rarry, learned senior counsel assisted by Ms. Brizet, learned counsel appearing for the petitioner and Mr. H.S. Paonam, learned senior counsel assisted by Mr. Purvesh Buttan, learned counsel appearing for the respondent.
The present petition had been filed assailing the order dated 25-07-2024 passed by the learned District Judge, Imphal West, in Judl. Misc. Case No. 32 of 2024 (Ref:- Judl. Misc. Case No. 37 of 2023). By the said order, the application filed by the respondent for amendment of its reply dated 14-08-2023 filed in connection with the Judl. Misc. Case No. 37 of 2023 had been allowed.
[2] As per the pleadings set out by the parties, the facts of the present case, in a nutshell, are that the petitioner awarded the contract for improvement of Bishnupur-Nungba Road and an agreement for the work was entered into between the petitioner and the respondent on 12-06-2023 for a contract value of Rs. 92,25,04,156.23 p.
[3] Certain disputes arose between the parties during the execution of the work which could not be settled and the respondent invoked arbitration clause for adjudication of the disputes through arbitration. Accordingly
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 justice and do not change the nature of the suit.
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.
The due diligence test in Order VI Rule 17 of the Code of Civil Procedure does not apply universally to all amendments after trial commencement; courts should focus on the necessity of amendments for....
Court's discretion allows amendments even if time-barred, provided they don't change the suit's nature and serve justice.
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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