INDRAJIT SINGH Vs. DIPAK DUTTA

JUDGEMENT

(1.) The Trial Court absolutely misdirected himself in rejecting an application for amendment of the plaint by entering into the veracity, authenticity and sanctity of the proposed amendment sought to be incorporated in the plaint.

(2.) This Court reminds itself to the settled proposition of law that the Court shall not look into the genuinity of the proposed amendment at the time of considering the application for amendment. The only criterion, which requires consideration by the Court, is whether the proposed amendment is necessary for the purpose of adjudication of the disputes involved in the suit.

(3.) The learned advocate appearing for the tenant/opposite party is very much vocal in his submission that the amendment is sought on the plea that due to oversight and bona fide mistake such averments could not be incorporated in the plaint, which is not a ground for allowing an application for amendment. According to the learned advocate the lack of due diligence is eminent and apparent on the said application and, therefore, the Trial Court have rightly rejected the application for amendment and no interference is called for by this Court under Article 227 of the Constitution of India.