Case Note & Summary
The petitioners, defendants in Regular Civil Suit No. 168 of 2012, filed a writ petition challenging the order dated 12.08.2014 passed by the trial court rejecting their application (Exh.32) for amendment of the written statement. The petitioners contended that certain words of denial of averments made in the plaint were inadvertently omitted from the written statement and sought to incorporate them. The High Court observed that the omissions were inadvertent and the amendment was formal in nature. Considering the overall tenor of the written statement, the court held that the trial court should have allowed the amendment. The High Court quashed the impugned order, allowed the amendment application, and directed the petitioners to carry out the necessary amendment within two weeks from the date of first appearance before the trial court. The parties were directed to appear on 07.09.2016. No order as to costs.
Headnote
A) Civil Procedure - Amendment of Written Statement - Inadvertent Omission - Order VI Rule 17, Code of Civil Procedure, 1908 - The petitioners sought to amend their written statement to incorporate words of denial of certain averments in the plaint which were inadvertently omitted. The trial court rejected the application. The High Court held that the amendment was formal and necessary to correct inadvertent omissions, and the trial court should have allowed it considering the tone and tenor of the written statement. The order was quashed and the amendment allowed. (Paras 1-4)
Issue of Consideration
Whether the trial court erred in rejecting the application for amendment of written statement seeking to incorporate inadvertent omissions of denial of certain averments in the plaint.
Final Decision
The writ petition is allowed. The order dated 12.08.2014 passed below Exh.32 in Regular Civil Suit No. 168/2012 is quashed and set aside. The application Exh.32 is allowed. Necessary amendment to be carried out within two weeks from the date of first appearance of the parties before the trial Court. Parties to appear on 07.09.2016. Rule made absolute. No order as to costs.
Law Points
- Amendment of pleadings
- Inadvertent omission
- Liberal approach
- Order VI Rule 17 CPC
