Case Note & Summary
The judgment concerns a Chamber Summons filed by Defendant No.4 (Sahrish Constructions Private Limited) in a commercial suit (Suit No.932 of 2016) pending before the Bombay High Court. The plaintiffs, EMCIPI Electronics Private Limited and Ramkishan Singh, had filed the suit against six defendants, including the applicant. The applicant sought leave to amend its written statement to incorporate a preliminary objection that the suit was not maintainable for want of cause of action within the territorial jurisdiction of the Bombay High Court. The plaintiffs opposed the amendment, arguing that it was belated and would cause prejudice. The Court, after hearing the parties, allowed the amendment subject to payment of costs of Rs. 10,000 to the plaintiffs. The Court reasoned that the amendment raised a pure question of law regarding territorial jurisdiction, which was necessary for determining the real question in controversy. The Court noted that no prejudice would be caused to the plaintiffs as they could file a rejoinder to the amended written statement. The Court also observed that the plaintiffs had not filed any rejoinder to the original written statement. The amendment was allowed to avoid multiplicity of proceedings. The Court directed that the amended written statement be filed within two weeks and that the plaintiffs file a rejoinder within four weeks thereafter.
Headnote
A) Civil Procedure - Amendment of Pleadings - Order VI Rule 17 of the Code of Civil Procedure, 1908 - Leave to amend written statement - The applicant sought to add a preliminary objection that the suit was not maintainable as no cause of action arose within the territorial jurisdiction of the Bombay High Court. The Court held that the amendment was necessary for determining the real question in controversy and that no prejudice would be caused to the plaintiffs as they could file a rejoinder. The amendment was allowed subject to costs of Rs. 10,000. (Paras 1-10) B) Commercial Suit - Cause of Action - Territorial Jurisdiction - Section 16 of the Code of Civil Procedure, 1908 - The proposed amendment raised a pure question of law regarding territorial jurisdiction. The Court noted that the plaintiffs had not filed any rejoinder to the original written statement and could do so now. The amendment was allowed to avoid multiplicity of proceedings. (Paras 5-10)
Issue of Consideration
Whether the applicant (Defendant No.4) should be permitted to amend its written statement to incorporate a defence that the suit is not maintainable for want of cause of action within the territorial jurisdiction of this Court.
Final Decision
The Chamber Summons is allowed. The applicant is permitted to amend the written statement as per the draft annexed to the chamber summons. The amended written statement shall be filed within two weeks from today. The plaintiffs are at liberty to file a rejoinder within four weeks thereafter. The applicant shall pay costs of Rs. 10,000 to the plaintiffs within two weeks.
Law Points
- Amendment of pleadings
- Order VI Rule 17 CPC
- cause of action
- territorial jurisdiction
- commercial suit
- prejudice
- delay
- latches
