Pachranga International ... vs Som Nath And Anr.
2004 Latest Caselaw 777 Del

JUDGMENT

R.C. Jain, J.

IA No. 3729/2004 in CS (OS) No. 23/2004.

1. This is an application under Order VI Rule 17 read with Section 151, CPC made on behalf of the plaintiff seeking amendment of the plaint as also of the application under Order XXXIX Rules 1 and 2, CPC.

2. The plaintiff has filed the suit under the name of M/s. Pachranga International (Chander Group) for a permanent injunction, passing off action, for accounts and delivery, etc. The suit is being contested by the defendant on a variety of pleas and grounds. The plaintiff now wants to incorporate certain facts as to the division/dissolution of the partnership firm and its consequence in the plaint and in the application. The plaintiff also wants to incorporate facts relating to institution of certain earlier proceedings filed by its plaintiff through its partner Rajinder Kumar Dhingra against the defendant at Panipat Court and certain compromise having been reached between the parties in the said suit.

3. Though no reply is filed to this application, the learned counsel for the defendant strongly opposes the application on the ground that the application is mala fide and the plaintiff has not come to the court with clean hands inasmuch as he has concealed the factum of earlier proceedings in the plaint. It is also stated that the averments and allegations sought to be incorporated in the plaint are not factually correct.

4. Law with regard to the amendment of the pleadings is firmly settled through a catena of decisions of the Apex Court and various High Courts and needs no repetition. All amendments which are necessary for just, proper and final adjudication of the controversy between the parties should be allowed. Of course the amendments which has the effect of changing the nature of the suit or withdrawing the admissions made in the pleadings are generally to be declined.

5. Having regard to the nature and extent of the amendment sought by the plaintiff and that the proceedings in the suit are still at preliminary stage, i.e., at the stage of pleadings, this court is of the view that the amendment prayed for should be allowed. The application is accordingly allowed and the plaintiff is permitted to amend the plaint, however, subject to Rs. 5,000/- as costs. Amended plaint has already been filed which is taken on record.

The application stands disposed of accordingly.

CS (OS) No. 23/2004

The defendant may file amended written statement. If any, within four weeks. Replication to the amended written statement, if any, may be filed within two weeks thereafter.

List the matter before the Joint Registrar on 16th November, 2004, for completion of pleadings and admission/denial of the documents.