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State of Bihar & Ors. v. Modern Tent House & Anr.

Civil Appeal · 2017 INSC 747Decided 16 Aug 2017
Civil Appeal No. 3845 of 2008
Justice R.K. Agrawal · Justice Abhay Manohar Sapre

Background

Modern Tent House had sued the State of Bihar for recovery of about Rs. 41.59 lakh, and the State (as defendant) later sought to amend its written statement under Order 6 Rule 17 CPC by adding two paragraphs while the trial was still ongoing. Both the Trial Court and the Patna High Court (in revision) rejected the State's amendment application. The State then appealed to the Supreme Court.

Decision Breakdown

The Supreme Court allowed the appeal and set aside the orders of the courts below, permitting the State to amend its written statement. The Court reasoned that the proposed amendment only elaborated facts already pleaded, did not introduce a new defence, did not withdraw any admission, and caused no prejudice to the plaintiffs since the burden of proof remained on them regardless. Since the trial was still in progress, the Court held it was in the interest of justice to allow the amendment at the written-statement stage rather than forcing the defendants to raise the point only at the appellate stage. The plaintiffs were also given a chance to amend their plaint and lead further evidence before the defendants' evidence began, and the Trial Court was directed to expedite disposal within six months.

Lesson Learnt

Courts tend to favour allowing amendments to pleadings during an ongoing trial when the amendment merely clarifies existing facts, doesn't change the substance of the case, and doesn't prejudice the other side: procedural technicalities are not meant to defeat substantive justice.

Official source (sci.gov.in)View Judgment (PDF)

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