HARINARAYAN G BAJAJ Vs. VIJAY AGARWAL

JUDGEMENT

(1.) Heard learned counsel for the applicants (defendant nos.1, 2 4 and 5) and the plaintiffs. Other defendants are absent when called.

(2.) This chamber summons has been taken out by defendant nos. 1,2, 4 and 5 (hereinafer referred to as "the defendants") for amendment of the written statement. The chamber summons is seriously opposed by the plaintiffs interalia on the grounds that the chamber summons is barred by limitation as it is made beyond the period prescribed by Article 137 of the Limitation Act and that the chamber summons is not bonafide and has been taken out only for the purpose of delaying the trial. The written statement was filed on 20 November 2006 and the suit was posted for framing of issues in December 2009. After the draft issues were tendered, apprehending that the issues would be framed and the trial would begin, the defendants have taken out this chamber summons for delaying the trial and denying the plaintiff no.1 who is a senior citizen, the fruits of the litigation. Counsel for the plaintiffs further submits that amendment is not at all necessary for deciding the real issues in controversy between the parties and therefore, the chamber summons should be dismissed.

(3.) Per contra, learned counsel for the defendants submitted that courts always adopt a liberal approach for allowing an amendment of pleadings. The allegation that the chamber summons has been taken out for delaying the trial is not true. The defendants have raised a substantial defence in the original written statement. The necessary facts have already been pleaded. Amendment is sought only for elaborating the facts already mentioned in the written statement and no new grounds are proposed to be added by the amendment. As regards the question of limitation, counsel for the defendants submitted that no period of limitation has been prescribed by the Limitation Act, 1963, for making an application for amendment of a pleading. An application for amendment of a pleading can be made at any time. Article 137 of the Limitation Act does not apply to an application (chamber summons) for amendment of a plaint or a written statement.