Gujarat High Court
Rajanikant A Kothari-Decd.Throheir ... vs Prafulchandra Mohanlal Mandavice on 13 December, 2010
IN THE HIGH COURT OF GUJARAT AT AHMEDABAD
CIVIL REVISION APPLICATION No 143 of 1997
--------------------------------------------------------------
RAJANIKANT A KOTHARI-DECD.THROHEIR HIRALAXMIBEN THRO'P.O.A.
Versus
PRAFULCHANDRA MOHANLAL MANDAVICE
--------------------------------------------------------------
Appearance:
MR BD KARIA for Petitioner
MR SURESH M SHAH for Respondent No. 1
--------------------------------------------------------------
CORAM : MR.JUSTICE R.R.JAIN
Date of Order: 11/02/97
ORAL ORDER
"Rule. Mr.Shah waives service of Rule.
In a suit filed petitioner-plaintiff in the year 1984, the respondent-defendant moved an application under Order 6,Rule 17 for amendment of written statement, raising additional plea about maintainability of suit in light of pecuniary jurisdiction. The Court below vide its order dated 16th October,1996 allowed the application. Aggrieved by that order, the petitioner has preferred this application.
As a cardinal Rule, amendment can be allowed to take alternative pleas, claim alternative reliefs and/or alternative and inconsistent defences in the written statement. Amendment can also be allowed at any stage of litigation, i.e. even at appellate stage, may be even in second appeal. Keeping these principles in mind, in my view, the Court below has not committed any error in allowing the proposed amendment permitting respondent-defendants to amend written statement and take additional plea.
In the result, the application is
rejected. Since the suit is of 1984, the trial Court is
directed to expedite hearing and dispose of the suit as expeditiously as possible, of course having regard to the exugencies of pending matters. Rule is accordingly discharged."