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DEVASHIS BARUAH
Boroda Ingti @ Mikir – Appellant
Versus
Joymati Bala Ingti – Respondent
JUDGMENT
Devashis Baruah, J.—Heard Mr. G.C. Borah, the learned counsel appearing on behalf of the petitioners. Mr. R. Ali, the learned counsel appears on behalf of the respondents/defendants.
2. This is an application file by invoking the supervisory jurisdiction of this Court under Article 227 of the Constitution challenging the order dated 14.11.2024 passed in Petition No. 795 arising out of Title Suit No. 187/2022 whereby the application so filed by the plaintiffs/petitioners under Order VI Rule 17 read with Section 151 of the Code of Civil Procedure, 1908 (for short ‘the Code’) for amendment of the plaint was rejected.
3. This Court has duly taken note of that the learned Trial Court had rejected the said amendment opining that the proposed amendment appears to be an attempt to fill in the gaps in the original pleadings rather than to address the same in the written statement against the counterclaim which is not the intended purpose of the amendment under Order VI Rule 17 of the Code and would unfairly prejudice the defendants as it would introduce new claims.
4. The learned Trial Court further observed that the proposed amendment introduces claims related to events that occurred
Amendment of plaint – When an amendment is allowed, said amendment should not unfairly prejudice other side – Normally when an amendment is allowed, it dates back to date of institution of suit.
Amendments to pleadings after trial commencement require demonstration of due diligence; extensions must not be granted mechanically.
Amendment of plaint – Court has power to allow amendments in connection with claims which had become time-barred, if special circumstances exist and it be in interest of justice.
Amendments to pleadings in civil suits must be granted if necessary for effective adjudication, provided they do not cause harm to the opposing party, affirming a liberal approach in such matters.
The court emphasized that a huge unexplained delay in filing an amendment application, particularly at the concluding stage of a suit, cannot be ignored. It also highlighted the issue of limitation f....
Amendments to written statements are permissible to clarify defenses without withdrawing admissions, particularly before trial commencement.
(1) Amendment in plaint – Issue of limitation would not be a factor to be considered by Trial Court while adjudicating amendment application.(2) By way of clever drafting, plaintiff cannot allow to m....
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