Case Note & Summary
The plaintiff, Kyoorius Communications Private Limited, filed a Commercial Summary Suit against Datalink Multi Trading Private Limited and others for recovery of a loan amount. The plaint was on lodging number and had been served on the defendants, but no writ of summons had been issued. The plaintiff discovered a clerical error in the plaint: the document annexed as Exhibit A, which was the loan agreement, incorrectly stated an interest rate of 1% in clauses 2 and 3, whereas the actual agreed rate was 12.5% as reflected in the correct version of the agreement. The plaintiff filed an Interim Application seeking to amend the plaint by replacing the wrong exhibit with the correct one. The plaintiff's counsel argued that the amendment was merely to correct a clerical mistake and that no defendant would be prejudiced, as the suit sought only the principal amount and the correct interest rate was supported by other exhibits (C, D, and E). The defendant No.2 opposed the amendment, contending that it was not a party to the loan agreement but only an assignee of the principal amount. The court, relying on the principle laid down in Kisandas Rupchand v. Rachappa Vithoba (ILR (1909) 33 Bom. 644), held that the amendment was permissible as it was only to correct a clerical error and no prejudice would be caused to any defendant. The court allowed the amendment application, directing the plaintiff to carry out the amendment within two weeks and serve the amended plaint on the defendants.
Headnote
A) Civil Procedure - Amendment of Pleadings - Clerical Error - Correction of Exhibit - The plaintiff sought to amend the plaint to replace a wrong document annexed as Exhibit A with the correct loan agreement, as the annexed version erroneously mentioned interest at 1% instead of the agreed 12.5%. The court allowed the amendment, noting that no writ of summons had been issued and no defendant would be prejudiced, following the principle in Kisandas Rupchand v. Rachappa Vithoba (ILR (1909) 33 Bom. 644) (Paras 1-4).
Issue of Consideration
Whether the plaintiff should be permitted to amend the plaint to correct a clerical error by replacing a wrong document annexed as Exhibit A with the correct agreement.
Final Decision
The court allowed the Interim Application, permitting the plaintiff to amend the plaint by replacing the wrong document annexed as Exhibit A with the correct agreement. The amendment to be carried out within two weeks and the amended plaint to be served on the defendants.
Law Points
- Amendment of pleadings
- Clerical error
- Correction of exhibit
- No prejudice to defendants
- Suit on lodging number
