MAURIA UDYOG LTD Vs. CORPORATION BANK

JUDGEMENT

(1.) THE present application has been filed by the defendants No.1 and 2 praying inter alia for permission to raise an additional preliminary objection No.2 in the written statement with regard to the maintainability of the suit on the ground that the plaintiff must be deemed to have relinquished its claim for recovery of money paid under the letter of credit as the plaintiff had instituted an earlier suit against the defendants, where such a relief had not been sought by it, though it was available and therefore, the present claim ought to be held as barred under Order 2 Rule 2 CPC.

(2.) IT is submitted by the counsel for the defendants No.1 and 2 that the aforesaid amendment in the written statement is necessary for the purpose of adjudicating the real controversy between the parties and that the additional preliminary objection raised by the defendants No.1 and 2 is a purely legal issue, that ought to be permitted to be incorporated in the preliminary objections taken in the written statement. She states that such an amendment goes to the root of the matter and the plaintiff is not likely to suffer any adverse consequence as the suit is still at the preliminary stage inasmuch as after pleadings were completed and the admission and denial of the documents undertaken by the parties, issues have yet to be framed in the matter.

(3.) IT is a settled law that while considering an application filed by the defendant seeking amendment of the written statement, the principles to be applied by the Court should be much more liberal as compared to the principles relating to amendment of a plaint. In other words, amendment to the written statement stands on a different footing from an amendment to the plaint. Though amendment to pleadings cannot be permitted so as to materially alter the substantial cause of action in a plaint, there is no such principle that can be applied to amendment in the written statement. Therefore, it is permissible for the defendant to take inconsistent pleas, mutually contrary pleas or to substitute the original plea taken in the written statement.