Case Note & Summary
The case involves a Chamber Summons filed by the defendant in a copyright infringement suit seeking to amend its written statement. The plaintiff, Ultra Merchandise & Retails Limited, sued the defendant, In Entertainment India Limited, for unauthorized telecasts of its television programmes or films. The defendant filed a written statement on 27th March 2014, asserting that the illicit broadcasts were made not by the defendant but by its franchisee, Rajendra Pandey, and that the defendant had terminated the franchise agreement. Issues were framed by consent on 4th April 2014. The defendant then sought to amend the written statement to add a legal submission that the suit was bad for non-joinder of a necessary party (the franchisee). The plaintiff opposed the amendment, arguing it was barred by law and impermissible. The court, after hearing both counsel and considering authorities, allowed the Chamber Summons. The court noted that no new facts were proposed; the amendment was purely a legal submission based on facts already pleaded. The court held that the amendment was unobjectionable and permitted it, emphasizing that it was not examining the merits of the proposed submission at this stage. The judgment was reserved on 11th September 2014 and pronounced on 24th September 2014.
Headnote
A) Civil Procedure - Amendment of Written Statement - Order VI Rule 17, Code of Civil Procedure, 1908 - Legal Submission - The defendant sought to amend its written statement to add a legal submission that the suit was bad for non-joinder of a necessary party, based on facts already pleaded. The court allowed the amendment, holding that no new facts were introduced and the amendment was purely legal. (Paras 1-6) B) Copyright Law - Infringement - Necessary Party - The suit involved copyright infringement for unauthorized telecasts. The defendant claimed the broadcasts were by its franchisee, not itself. The court permitted the defendant to raise the issue of non-joinder of the franchisee as a necessary party. (Paras 3-4)
Issue of Consideration
Whether a defendant should be permitted to amend its written statement to add a legal submission regarding non-joinder of a necessary party based on facts already pleaded.
Final Decision
Chamber Summons allowed; defendant permitted to amend written statement as sought.
Law Points
- Amendment of pleadings
- Order VI Rule 17 CPC
- non-joinder of necessary party
- legal submission not new facts
- liberal approach to amendments
