1997 (5) TMI 439 - HC - Indian Laws

Court denies amendment to petition under Civil Procedure Code citing crucial admission in defense

The court declined the petitioner's application to amend paragraph 13 of the petition under Order 6, Rule 17 of the Civil Procedure Code. The respondents ... - Issues:1. Application for amendment of paragraph 13 of the petition under Order 6, Rule 17 of the Civil Procedure Code.2. Opposition by respondents to the prayer for amendment.3. Legal principles governing the withdrawal of admissions in pleadings.4. Precedents related to the withdrawal of admissions and seeking amendment of pleadings.5. Consideration of the bona fide nature of the application for amendment.6. Impact of the proposed amendment on the rights and positions of the parties.7. Effect of alteration of positions by the parties based on the original statement in the petition.8. Interpretation of the clauses of the agreements to determine the expiry date.9. Decision on whether to allow the proposed amendment based on the circumstances and potential prejudice to the respondents.Analysis:1. The petitioner sought to amend paragraph 13 of the petition under Order 6, Rule 17 of the Civil Procedure Code, stating that the mention of the expiry date of an agreement in July 1994 was an inadvertent error. The petitioner aimed to delete this part from the statement to accurately reflect the agreements' terms and timelines.2. Respondents No. 2 to 5 opposed the prayer for amendment, arguing that the admission in paragraph 13 was crucial and its withdrawal would prejudice their defense. They contended that allowing the withdrawal of the admission would alter the nature and scope of the case, impacting their rights.3. The court considered legal principles on amending pleadings, citing precedents such as Panchdeo Narain Srivastava v. Kum. Jyoti Sahay and Akshaya Restaurant v. P. Anjanappa & Another, emphasizing that even admissions in pleadings can be explained away or withdrawn if necessary for substantive justice.4. Precedents like Sh. Mahinder Singh v. Smt. Iqbal Kaur & Others and R. Gupta @ Raj Gupta v. Nirmal Nanda & Another were referenced to highlight instances where applications for amendment were rejected due to lack of credibility or bona fide intentions.5. The court scrutinized the petitioner's motives for seeking the amendment, noting that the petitioner's actions seemed to be an attempt to evade the consequences of the original statement rather than a genuine error correction, raising doubts about the bona fide nature of the application.6. Considering that both parties had altered their positions based on the original statement in the petition, the court assessed the potential prejudice to the respondents if the proposed amendment was allowed, emphasizing the importance of interpreting the agreements' clauses to determine the expiry date accurately.7. Ultimately, the court decided not to allow the proposed amendment, noting that the alteration of positions by the parties and the potential prejudice to the respondents weighed against granting the amendment. The court held that the interpretation of the agreements' clauses would determine the expiry date, and the rejection of the amendment would not cause prejudice to the petitioner.8. In a separate order related to the agreements, the court held that the agreements had expired by efflux of time in May 1995, further supporting the decision to reject the proposed amendment based on the circumstances and interpretations of the agreements.9. Consequently, the court rejected the application for amendment, concluding that allowing the proposed changes would prejudice the respondents due to the altered positions and the interpretation of the agreements' clauses, leading to the dismissal of the application.