Case Note & Summary
The present chamber summons was filed by Defendant No.4, Sahrish Constructions Private Limited, seeking leave to amend its written statement in a commercial suit pending before the Bombay High Court. The suit was filed by the plaintiffs, EMCIPI Electronics Private Limited and Ramkishan Singh, against six defendants, including the applicant, seeking specific performance of an agreement dated 30th June 2015. The trial had already commenced, and the applicant sought to incorporate additional grounds challenging the validity and enforceability of the agreement. The plaintiffs opposed the amendment, arguing that it would change the nature of the defence and cause prejudice. The court, after hearing the parties, held that amendments to written statements are governed by a more liberal test than amendments to plaints. The court found that the proposed amendments did not introduce a new case or cause irreparable prejudice to the plaintiffs. The court allowed the chamber summons, granting leave to amend the written statement, subject to payment of costs of Rs. 25,000 to the plaintiffs. The court directed that the amended written statement be filed within two weeks and that the plaintiffs would be entitled to file an additional replication, if necessary. The court also clarified that the amendment would not affect the trial schedule and that the suit would proceed accordingly.
Headnote
A) Civil Procedure - Amendment of Written Statement - Order VI Rule 17 CPC - Liberal Approach - The court considered whether a defendant should be allowed to amend its written statement after trial had commenced. The court held that amendments to written statements are governed by a more liberal test than amendments to plaints, and that the court should allow such amendments unless they cause irreparable prejudice to the plaintiff or are mala fide. The court found that the proposed amendments did not change the nature of the defence and were necessary for determining the real controversy. (Paras 1-10) B) Commercial Suit - Amendment of Pleadings - Section 16 of the Commercial Courts Act, 2015 - The court noted that the suit was a commercial suit and that the provisions of the CPC apply. The court held that the amendment sought was within the scope of Order VI Rule 17 and did not require any fresh cause of action. The court allowed the amendment subject to payment of costs of Rs. 25,000 to the plaintiff. (Paras 1-10)
Issue of Consideration
Whether the applicant (Defendant No.4) should be permitted to amend its written statement to incorporate additional grounds challenging the agreement dated 30th June 2015, after the commencement of trial.
Final Decision
The court allowed the chamber summons, granting leave to amend the written statement subject to payment of costs of Rs. 25,000 to the plaintiffs. The amended written statement to be filed within two weeks. Plaintiffs entitled to file additional replication within two weeks thereafter.
Law Points
- Amendment of written statement
- Order VI Rule 17 CPC
- liberal approach for written statement amendments
- no prejudice to plaintiff
- commercial suit
- leave to amend
- additional grounds of defence
