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The HC allowed defendant's application to amend written statement to incorporate counterclaim despite filing beyond the prescribed 30-day period. Defendant served with writ of summons on 24th January 2024, obtained court leave on 10th June 2024, and filed written statement on 12th June 2024 within the outer 120-day limit. The amendment application filed on 11th December 2024 sought to add counterclaim based on facts already pleaded in written statement regarding Chartered Accountant's report. HC found no new facts were introduced that would prejudice plaintiff, and amendment would not alter suit's nature or character. Court directed departmental amendments within two weeks, followed by defendant's re-verification and court fee payment within subsequent two weeks. Application disposed of favorably.
The HC allowed defendant's application to amend written statement to incorporate counterclaim despite filing beyond the prescribed 30-day period. Defendant served with writ of summons on 24th January 2024, obtained court leave on 10th June 2024, and filed written statement on 12th June 2024 within the outer 120-day limit. The amendment application filed on 11th December 2024 sought to add counterclaim based on facts already pleaded in written statement regarding Chartered Accountant's report. HC found no new facts were introduced that would prejudice plaintiff, and amendment would not alter suit's nature or character. Court directed departmental amendments within two weeks, followed by defendant's re-verification and court fee payment within subsequent two weeks. Application disposed of favorably.
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