Calcutta High Court
Skipper Limited vs Sewerage & Infrastructure on 20 November, 2014
Author: Soumen Sen
Bench: Soumen Sen
GA No. 2621 of 2014
CS No. 343 of 2012
IN THE HIGH COURT AT CALCUTTA
Ordinary Original Civil Jurisdiction
ORIGINAL SIDE
SKIPPER LIMITED
-Versus-
SEWERAGE & INFRASTRUCTURE
DEVELOPMENT CORPORATION OF GOA LTD.
Appearance:
Mr. Jishnu Chowdhury, Adv.
...for the plaintiff.
Mr. Satadeep Bhattacharyya, Adv.
...for the defendant.
BEFORE:
The Hon'ble JUSTICE SOUMEN SEN
Date : 20th November, 2014.
The Court : This is an application for amendment of the plaint. The plaintiff states that due to inadvertence certain claims could not be included in the original plaint. It is further submitted that the amendment as proposed will not in any manner change the true nature and character and cause of action of this suit. In the proposed amendment the plaintiff-petitioner has prayed for refund of the earnest money. The necessary pleadings are already there in the original plaint. The petitioner wants to revise some of the claims stating that due to inadvertence the amounts mentioned in the plaint against various heads of claim have not been correctly stated. The writ of summons is yet to be 2 served. The plaintiff states that the defendant is aware of filing of the suit.
The amendment is sought to be resisted by the defendant stating that the same is after-thought and a belated one.
Since the suit is yet to be heard and the defendant would get an opportunity to file the written statement, inasmuch as the amendment would not change the nature and character of the suit and the cause of action, in my view, the petition is required to be allowed.
Accordingly, there will be an order in terms of prayers
(a) and (b) of the petition. Such amendment will be carried out within a period of two weeks from the date of communication of the order. The writ of summons, along with the amended copy of the plaint, shall be served upon Mr. Jayanta Pandit, Advocate, Bar Association, Room No.15 being the Advocate-on-record of the defendant who shall accept the same on behalf of the plaintiff. The service of the writ of summons upon the defendant accordingly stands dispensed with.
The application is allowed and stands disposed of. Urgent certified website copies of this order, if applied for, be supplied to the parties subject to compliance with all requisite formalities.
(SOUMEN SEN, J.) A/s.