SWARAN SINGH Vs. PUNJAB KESARI

JUDGEMENT

(1.) This is an application moved by the applicant/Plaintiff (hereafter referred to as the 'Plaintiff') under Order 6 Rule 17 read with Section 151 of the Civil Procedure Code praying for amendment of plaint on the grounds that because of typographical mistake the name of Defendant No. 4 has wrongly been typed as "Jagdish Ram Kaundal" instead of "Jagat Ram Kaumdal" and that such mistake came to notice immediately before filing of this application, therefore, the necessary correction of the name of Defendant No. 4 may be allowed and that non-applicant/Defendant No. 1 (hereafter referred to as 'D-l') had raised the objection that such Defendant could not be sued through Editor because the "Punjab Kesari is the title of the newspaper registered under the name and style of Hind Samachar Limited Company incorporated under the Companies Act and while maintaining that Editor can be sued through the title name also it is averred that in view of the disclosure made by D-l, it is "necessary to add the said Company as Defendant No. 1 instead of the name earlier mentioned" and that such amendment is necessary for the purpose of determining the real question in controversy between the parties, therefore, the plaint may be ordered to be suitably amended.

(2.) The application has been contested by the Defendant on the grounds that suit by now has become barred by limitation and the Plaintiff, therefore, cannot implead a legal person against whom he has lost his remedy due to law of limitation and otherwise the application is bad for delay and latches. It has further been averred that the suit has been wrongly filed against a non-entity, therefore, the plaint is liable to be rejected and in view of the print line describing the particulars of the newspaper, it would have been clear to the Plaintiff as to against whom the suit lies but he had not cared to read such print line and that the remedy of the Plaintiff against the Hind Samachar Limited sought to be added as a party Defendant No. 1, has now become time-barred.

(3.) I have heard the learned Counsel for the parties and have also gone through the material on record.