DIBYA PRASAD PRADHAN Vs. STATE OF SIKKIM

JUDGEMENT

(1.) "Wheher amendment in the pleading is permissible after framing of issues, in view of provision to Rule 17 of Order VI of CPC?" is the core issue that arises for consideration in this writ petition. 1.1. The writ petitioners are the defendants No. 3 & 4 in Money Suit No. 02 of 2006 on the file of learned District Judge, East and North Sikkim at Gangtok, filed by the respondent/plaintiff in the suit for a decree against the writ petitioners/defendants No. 3 & 4 jointly and severally for a sum of Rs.38,78,283/- and for the pendente lite interest on the principal amount of Rs. 34,50,000/-. 1.2. The suit amount namely Rs. 38,78,283/- represents the advance paid by the respondent/plaintiff namely Rs. 34,50,000/- towards the consideration value viz. Rs. 69,00,000/- for purchase of the suit premises which includes the land and RCC building mentioned in the plaint, namely Plot No. 291 under Khatian No. 432 which was recorded as Maharaja Sir Tashi Namgyal; and a further sum of Rs.4,28,283/- representing the interest at the bank rate per annum from the date of payment i.e. 09-09-2002 till the filing of the suit, thus totalling Rs. 38,78,283/-.

(2.) 1 The writ petitioners/defendants No. 3 & 4 in the suit filed their written statement on 21-07-2006. The defendants Nos. 1 and 2 filed their written statement on 25-11-2006. In the light of the pleadings made by the respective parties in their plaint, the trial Court also framed the issues. But, before submitting the list of witnesses, the writ petitioners herein/defendants No. 3 and 4 filed an application on 02-09-2008, under Order VI, Rule 17 read with Section 151 of CPC, seeking permission to amend their joint written statement, for amending their pleadings in the written statement. 2.2 The relevant portion of the said application is extracted below : "7. That the Defendants (3 & 4) propose the following amendments - at Para 10 of the Written Statement, after the word - 'to make', the following sentences be inserted:-

(3.) THE main issue that arises for the consideration in the above writ petition is: whether the writ petitioners/defendants No. 3 & 4 are entitled to amend the pleadings raised in the written statement invoking Order VI, Rule 17 of CPC, which reads as follows :