VidhiSangh

Supreme Court of India · 16/08/2017

THE STATE OF BIHAR & ORS. versus MODERN TENT HOUSE & ANR.

[2017] 7 S.C.R. 539 · 2017 INSC 747

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Summary

The Court allowed amendment of a written statement during the ongoing trial because the proposed paragraphs merely amplified the existing factual defence. They introduced no new defence, changed no existing position and withdrew no admission. The plaintiffs retained their burden of proof and were given an opportunity to amend and lead further evidence before the defence evidence.

Issues

  1. Whether the proposed amplification of the existing defence should be allowed during the pending trial.

Held

Result

Appeal allowed; amendment application granted. Plaintiffs afforded responsive amendment and evidence; trial court directed to dispose of the old suit preferably within six months of appearance.

Judgment PDF: Supreme Court of India, [2017] 7 S.C.R. 539.