Summary
The Supreme Court permitted amendment of a plaint and filing of additional documents after restoration of a suit that had earlier been dismissed at the threshold. Trial had not begun, the amendment did not change the suit’s nature, and the intervening appellate proceedings explained the timing. The merits and proof of the new pleadings and documents remained open. Rejection of a separate request to compel production of originals was maintained because it was not argued. Costs and reciprocal defence opportunities accompanied the relief.
Issues
- Whether amendment and additional documents should be allowed before trial following an appellate remand.
Held
- A liberal approach was warranted because the suit remained at the initial stage, trial had not commenced and the amendment did not change its nature. Applications made after restoration were not belated merely because years had been spent appealing the threshold dismissal. (¶¶ 16, 17, 18)
- Additional documents allegedly originating from the respondents and obtained through RTI could be filed on the same grounds. Permission did not establish their truth, relevance or the merits of the amendment; the plaintiff still had to prove his case and documents by lawful evidence. (¶¶ 19, 21)
- Only the amendment and additional-document applications were allowed. The third application seeking production of originals remained rejected because counsel advanced no argument concerning it. (¶¶ 20, 22)
- Relief required Rs. 10,000 costs within one month and incorporation of the amendment within one month. The defendants could make consequential pleading changes and produce rebuttal documents. Issues were to be reframed and the suit decided expeditiously, preferably within one year, uninfluenced by the interlocutory observations. (¶¶ 22, 23, 24, 25)
Result
Appeal allowed to the stated extent: amendment and additional documents permitted with Rs. 10,000 costs and reciprocal defence opportunities. Rejection of the unargued production application maintained; merits and evidentiary proof left open.