Court Permits Defendants to Amend Written Statement Despite Previous Admissions, Citing Liberal Approach for Amendments
In a significant ruling, the Calcutta High Court, presided over by Justice Aniruddha Roy, has allowed the amendment of a written statement in a commercial suit involving Dredging And Desiltation Company Private Limited and M/s. Mackintosh Burn and Northern Express Consortium. The court emphasized that under Order VI Rule 17 of the Civil Procedure Code, 1908, amendments to written statements are permissible even if they include inconsistent pleas, provided the trial has not commenced.
The case, filed under IA No. GA-COM/10/2025, stemmed from a commercial dispute where the defendants sought to amend their written statements following an amendment of the plaint by the plaintiff. The court noted that while the Commercial Courts Act, 2015 did not alter the provisions regarding amendments under Order VI Rule 17 of the CPC, it maintained that amendments are allowed before the commencement of the trial.
Justice Roy highlighted that courts are generally more liberal in permitting amendments to written statements compared to plaints. The court ruled that inconsistent pleas in written statements are permissible unless they involve the withdrawal of admissions made in the original document. The judgment referenced the Supreme Court's decision in Baldev Singh and Others v. Manohar Singh and Another, which underscores the flexibility courts have in allowing amendments to facilitate a fair trial.
The court ordered the amendments to be completed within six weeks and directed the relevant departments to take necessary actions for the service of the writ of summons. The decision reaffirms the judiciary's commitment to ensuring procedural flexibility in commercial litigation, thereby promoting justice and the resolution of disputes on their merits.
Bottom line:-
Amendment of written statement in a commercial suit is permissible under Order VI Rule 17 of the Code of Civil Procedure, 1908, even after the plaint is amended, provided the trial has not commenced. Courts should take a liberal view in allowing amendments to written statements, including inconsistent pleas, unless it involves withdrawal of admissions made in the original pleading.
Statutory provision(s): Civil Procedure Code, 1908 Order VI Rule 17, Commercial Courts Act, 2015
