DURG BRASS METAL WORKS Vs. DINESH KUMAR KHARE

JUDGEMENT

(1.) IN the matter of procedure governed under Order 37 of the Code of Civil Procedure, the defendants applied for amendment of their application before grant of leave to defend this suit. The same was rejected by the 3rd Additional District Judge, Durg in Civil Suit No. 51-B/89. The amendment was rejected on the ground that there is no provision for making amendment in the application.

(2.) ORDER 37, Civil Procedure Code, deals with the summary procedure and the procedure for the appearance of the defendant is given in Rule 3. Sub-clause (5) of Rule 3, Civil Procedure Code is extracted as below:

(3.) IN summary proceedings, the application for leave to defend is in the nature of written statement. Rule 7 of Order 37, Civil Procedure Code provides for save as provided by this Order, the procedure in suits hereunder shall be the same as the procedure in suits instituted in the ordinary manner. Under Order 6, Rule 17, the Court may at any stage of the proceedings allow either party to alter or amend his pleadings in such manner and on such terms as may be just. Here, as per the statement made by the learned counsel for the applicants, the stage was pre leave stage and according to him, he was entitled to amend his application which was by way of defence. The Court below has erred in rejecting the prayer.