This order deals with an application to amend the cause title to designate the defendant as a partnership concern after it became known during the trial. The court held that no prejudice would result and allowed the amendment.
The amendment application is allowed; the plaintiff is directed to carry out the amendment and file APC by 04.02.2020.
This page shows the compact analysis of this judgement. The full analysis — procedural history, issue-by-issue holdings with ratio and obiter, advocates, and paragraph-level evidence for every claim — is being added to the record in batches and will appear here when this judgement has been through it.
A.No.9643 of 2019 in C.S.No.748 of 2018
A.No.9643 of 2019 in C.S.No.748 of 2018
Dr.G.JAYACHADRAN, J.
Heard the learned counsel for the applicant/plaintiff and the learned
counsel for the respondent/defendant.
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A.No.9643 of 2019 in C.S.No.748 of 2018
further contended in the counter that this application is a malicious attempt to stop the respondent/defendant to carry on lawful business which they have been carrying on for so many decades.
the application under Order VI Rule 17 of C.P.C., to amend the copy can be filed even after commencement of the trial, if the Court concludes that in spite of due diligence, the party could not raise the matter (amendment petition) before the commencement of the trial. To buttress his submissions, the learned counsel would rely upon a Judgment of the Hon'ble Supreme Court particularly the observation of the Hon'ble Supreme Court in Salem Bar
Association case , which has dealt the impact of CPC amendment Act 2001.
commencement of trial, the test should be whether the parties has come with clean hands and genuine cause or to prejudice or attempt to introduce new
facts and whether the amendment application is to protract the proceedings or to fill up inherent lacunae in the pleadings. As far as the present case is concerned, the defendant is described as Sri Ganapathy Dairy and in the plaint, the plaintiff has reserved the right to amend the long and short cause title after getting details of the defendant constitution. No doubt the details
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A.No.9643 of 2019 in C.S.No.748 of 2018
of the defendant constitution might have known to the plaintiff in the reply notice as well as in the written statement, but the amendment application is filed belatedly. But, whether for the said reason, the application should be rejected is the point for consideration.
properly described this Court is of the opinion that by allowing the
amendment application no prejudice will be caused to the defendant.
Therefore, the amendment application is allowed. The plaintiff is directed to
carry out the amendment and file APC by 04.02.2020.
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A.No.9643 of 2019 in C.S.No.748 of 2018
Dr.G.JAYACHANDRAN, J.
rpl
A.No.9643 of 2019
in C.S.No.748 of 2018
21.01.2020
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3 issues framed by the court
Whether the application for amendment of cause title to change defendant description to partnership concern can be allowed during trial.
Whether the belated amendment would cause prejudice to the defendant.
Whether the plaintiff acted with due diligence regarding the defendant's constitutional status.
Colour shows how this judgement treated each authority
Salem Bar Association caseExplained¶12
Salem Bar Association case
2 provisions across 2 enactments
Plaintiff/Applicant
Defendant/Respondent
Dr.G.JAYACHANDRAN
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
