AIROnline 2020 Del 962

Delhi High Court

Hon'ble Judge(s): C. Hari Shankar , J

(A) Civil P.C. (5 of 1908) , O.6 R.17, O.6 R.15A— Amendment of pleading - Commercial suit vis-a-vis ordinary suit - Plea that general principles, governing amendments, and circumstances and considerations, to be borne in mind while allowing amendments, as visualised in context of Or. 6, R. 17 of CPC, would not apply to commercial suits - Rejected - Legislature, in its wisdom, has not chosen to chalk out any different regime, for amendment of pleadings in two kinds of suits - High Court cannot therefore embark on an excursion of judicial legislation, by subjecting a prayer for amendment, relatable to O. 6, R. 17 of CPC, to any greater degree of circumspection, where cause is commercial, as compared to non-commercial causes. (Para 19 24) (B) Civil P.C. (5 of 1908) , O.6 R.15A, O.6 R.26— Pleadings - Discrepancies in verification - Same were between verification below plaint, and corresponding paragraph in accompanying Statement of Truth - Said discrepancies stand cured, by amendments sought by plaintiffs, and allowed by court - There is complete compliance with Or. 6, R. 15-A of CPC - Plea, to the contrary, by defendant is liable to be rejected - Further, it cannot be said that by moving applications for carrying out said amendments, plaintiffs were delaying progress of s....