Content Provider | Supreme Court of India |
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e-ISSN | 30484839 |
Language | English |
Access Restriction | NDLI |
Subject Keyword | Amendment of pleadings O. VI r.17 CPC memo of parties |
Content Type | Text |
Resource Type | Law Judgement |
Jurisdiction | India |
Act(s) Referred | Code of Civil Procedure, 1908 (5 of 1908) |
Case(s) Referred | Referred Case 0 Referred Case 1 |
Case Type | Appeal |
Court | Supreme Court of India |
Disposal Nature | Appeal Allowed |
Headnote | Code of Civil Procedure, 1908 – O. VI, r.17 – Amendment of pleadings – Appellant-plaintiff as director of a company filed a suit for recovery of Rs.25,00,000/- – Thereafter, plaintiff filed an application for amendment of the plaint on the ground that the counsel had inadvertently made the title of the suit wrongly as the loan was advanced through the Company, therefore, the suit was to be in the name of the Company – Trial Court declined the amendment – High Court affirmed the order of the trial court – On appeal, held: The plaint was not properly drafted in as much as in the memo of parties, the plaintiff was described as ‘VP’ through director of the Company though it should have been Company through its director ‘VP’ – It was inadvertent mistake on the part of the counsel who drafted the plaint – Such inadvertent mistake could not be refused to be corrected when mistake was apparent from the reading of the plaint – Therefore, the order declining to correct the memo of parties not justified in law – Consequently, orders passed by the trial Court and the High Court set aside. |
Judge | Hon'ble Mr. Justice Hemant Gupta |
Neutral Citation | 2019 INSC 304 |
Petitioner | Varun Pahwa |
Respondent | Mrs. Renu Chaudhary |
SCR | [2019] 4 S.C.R. 128 |
Judgement Date | 2019-03-01 |
Case Number | 2431 |
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