JAWARMAL RAMKARAN BOMBAY Vs. PARI KESHAVLAL JAMNADAS AHMEDABAD

JUDGEMENT

(1.) What is important ? Means or the ends ? Adherance to the rules of procedure and instance on strict compliance with the requirements of procedural law may result into failure of justice which is the ultimate object to be achieved in all eases. Hence the questions : What is the object of procedure ? why and where amendment in pleadings should be granted and when the same may be refused ? these questions may be examined and answered by keeping in view the principle that rules of procedure are only means to achieve the end which is justice.

(2.) The respondents-plaintiff tiled suit for recovery of an amount of Nos. 5 37 106.74 ps. and interest accrued thereon. According to the plaintiffs the amount due was on account of goods sold and delivered and the defendant has not paid the price thereof. The defendant filet written statement and denied the contract of sale between the parties aid resisted the suit on facts as well as on law points. After framing the issues the Court proceeded to record evidence. Oral evidence of the plaintiffs side was over. First witness (one of the partners of the defendant film) was in over. At that stage since the learned Counsel for the plaintiffs-objected to certain questions being put with regard to the contention of the defendant that the plaintiff was commission agent of Shree Raj Cotton Company of Raichur defendant submitted an application for amendment in the written statement. The proposed amendment reads as follows:

(3.) As regards the objects of pleadings and amendment of pleadings there appears to be some misconception and confusion in the minds of certain judicial officers presiding over the lower Courts. Therefore it is necessary to clear the same. Law regarding pleadings forms part of procedural law. Why there is law regarding procedure of trial of suit ? Procedure is some thing designed to facilitate justice and further its ends. Procedural law is not penal enactment. It is not a thing designed to trip people up. Compliance with the procedural law is not an end in itself. The ultimate object is to do justice i. e. adjudication of the issues involved in a matter in just fair and reasonable manner. Therefore too much insistance on compliance with the procedural requirements at the cost of justice is never desirable. As far as possible such insistance is required to be discouraged and should be avoided. Here reference may be made to the following observations made by the Supreme Court.