SANGRUR DISTRICT CORP MILK PRODUCERS UNION THROUGH GENERAL MANAGER Vs. NATIONAL INSURANCE CO. LTD. AND ANOTHER

JUDGEMENT

(1.) Petitioner has filed the present revision against the order dated 04.07.2016 whereby the application filed by the petitioner under Order 6, Rule 17 CPC for amendment of the plaint was dismissed.

(2.) Brief facts are that the plaintiff filed a suit for recovery along with interest on account of loss of milk suffered due to tanker turned turtle. In the written statement filed by the defendants the factum of accident was admitted, however involvement of milk tanker No.PB-11AP-9241 was denied as the same was never engaged. In the subsequent part of the written statement in para No. 6, the defendants pleaded that the defendants received information regarding the alleged accident from the plaintiff Union and thereafter the defendants appointed the Surveyor to visit the spot. The Surveyor visited the spot and also visited the Sangrur District Co-operative Milk Producer Union and met one Sh. Gulzar Singh, Incharge Milk collection and said Gulzar Singh told the Surveyor that the milk tanker bearing No.PB-11AP-9248 was involved in the accident. By way of amendment petitioner sought to amend the plaint in order to replace registration number of the truck i.e. PB11-AP-9241 to PB-11AP-9248 in para No. 3 of the plaint and the prayer was declined by the trial Court vide the impugned order.

(3.) Learned counsel for the petitioner contended that amendment in the pleadings has to be liberally construed unless and until the same takes away the valuable right of the opposite party. The error in terms of registration number of the truck is typographical error. The trial Court dismissed the proposed amendment on the ground of delay, since two of the plaintiff witnesses have been examined and the defendants have already taken plea in the written statement that wrong number of the truck was mentioned in the plaint. It is a settled principle of law that all bona fide amendments in the pleadings which are necessary for the purposes of determination of the real controversy should be allowed.