Content Provider | Supreme Court of India |
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e-ISSN | 30484839 |
Language | English |
Access Restriction | NDLI |
Subject Keyword | Pleadings: Amendment of plaint/complaint |
Content Type | Text |
Resource Type | Law Judgement |
Jurisdiction | India |
Case Type | Appeal |
Court | Supreme Court of India |
Disposal Nature | Appeal Disposed Off |
Headnote | Pleadings: Amendment of plaint/complaint – Whether the pleading in the nature of a plaint in a civil suit or a complaint before the consumer forum should be amended is a matter for the plaintiff or, as the case may be, the complainant to determine – The party which moves the forum is dominus litis and is entitled to decide whether or not to amend the pleading or to pursue the complaint, as it stands – Consumer Protection Act 1986. Consumer Protection Act 1986: s.13(1) – Insured-appellant filed complaint against insurer-respondent alleging that the insurer failed to settle the insurance claim of the insured arising out of storms which damaged the solar power plants of the insured – Insurer did not file written statement within the time stipulated by s.13(1) of the Act – Insurer filed IA seeking dismissal of claim – No reference was made in the IA to the repudiation of contract – On the same day, insurer issued a letter repudiating the claim of the insured – In the meantime, insured filed IA seeking final survey report – National Commission disposed of IAs and directed the insured to file amended complaint and granted opportunity to the insurer to file a written statement – Challenge against – Held: It was for the insured to decide as to whether the complaint should be amended or whether it would pursue the option of proceeding with the pleadings as they stand – Insured could not have been directed to amend the complaint to challenge the repudiation of the contract of insurance – Insured stated that it did not wish to do so – In view thereof, it cannot be compelled to amend the complaint. |
Judge | Hon'ble Dr. Justice D.Y. Chandrachud |
Neutral Citation | 2021 INSC 856 |
Petitioner | M/s Acme Cleantech Solutions Private Limited |
Respondent | M/s United India Insurance Company Limited & Anr |
SCR | [2021] 12 S.C.R. 578 |
Judgement Date | 2021-12-09 |
Case Number | 4476 |
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