SALASAR SYNTHETICS PROPRIETOR MUKESH KAWADIYA Vs. MANISH KEDIYA

JUDGEMENT

(1.) The present writ petition has been filed under Article 227 of the Constitution of India against the order dtd. 16/12/2019 passed by the Commercial Court, whereby the application filed by the petitioner-plaintiff (for short, 'the plaintiff) under Order 6 Rule 17 read with Sec. 151 CPC has been dismissed.

(2.) Facts of the case are that the plaintiff filed a suit for recovery of money against the respondents-defendants (for short, 'the defendants')- The defendants filed their written statements. Thereafter issues were framed. The plaintiff filed an application for amendment under Order 6 Rule 17 readwith Sec. 151 CPC mentioning therein that inadvertently due to typographical error, in the cause title, words "owner of firm Ravi Kumar Nirmal Kumar" were not mentioned in furtherance of the name of defendant No.2, which has been dismissed by the Commercial court vide order dtd. 16/12/2019. Hence this writ petition.

(3.) Learned counsel for the plaintiff submits that defendant Manish Kediya is the owner of various firms which are being run in different names. He further submits that the bills, description of which were given in the plaint, are related to firm "Ravi Kumar Nirmal Kumar" and those bills were available on record. However, inadvertently due to typographical error, in the cause title, words "owner of firm Ravi Kumar Nirmal Kumar" were not mentioned in furtherance of the name of defendant No.2. The fact that the incorrect cause title was filed due to typographical error is well established from the bills themselves, which are available on record. He prayed that in this view of the matter, the amendment sought for was necessary for effective adjudication of the controversy involved in the matter and no prejudice would be caused to either of the parties as the trial of the suit has not commenced and on account of the amendment sought for, defence of the defendants would also not to be changed. The plaintiff filed an application under Order 6 Rule 17 CPC, which has been dismissed by the Commercial Court in an arbitrary and illegal manner.