SUBODH KHANOLKAR Vs. FIRST STEP PUBLISHING

JUDGEMENT

(1.) By this Interim Application, the Applicant/Original Plaintiff is seeking amendment of the Plaint as per the Amendment Schedule annexed at Exhibit-A to the Interim Application and consequential necessary amendments to the Plaint.

(2.) The amendment which is sought by the Plaintiff is a pre- trial amendment. The Suit is currently at the stage of hearing of the Notice of Motion. It is noted that the Written Statement has been filed by Defendant Nos. 1 and 2 on 18/12/2019. In view of statements made in the Written statement, the amendment had been sought as according to the Plaintiff, there are incorrect statements made. There are certain documents such as E-mails which are required to be relied upon by the Plaintiff and for which necessary order is required allowing amendment to be made in the Plaint.

(3.) The learned Counsel appearing for the Defendant Nos. 1 & 2 has tendered Affidavit-in-Reply dtd. 12/6/2023. She has submitted that without prejudice to the rights and contentions of the Defendant Nos. 1 & 2 and / or preliminary objections taken on ground of limitation i.e. on the Suit being barred by limitation as well as the objection raised to the amendment viz. that the amendment that the amendment sought is to fill up lacuna in the Plaint only after Written Statement has been filed by the Defendant Nos. 1 & 2, she submits to the orders of this Court.