Patel Field Marshal Industries and anr. Vs. P.M. Diesels Ltd. - Court Judgment

Excerpt:
civil procedure code, 1908 - order 6 rule 17--amendment of written statement--learned single judge allowed defendants application seeking leave to amend the written statement--appeal against--absence of any observation by lsj that which part of the proposed amendment has been rejected by impugned order--enable to see whether there was any admission or whether the same was sought to be withdrawn or whether same could or could not have been permitted--situation makes impugned order bad in law--appeal allowed and set aside the impugned order with direction to lsj to decide the application afresh in accordance with law. - - learned counsel for the appellant says that it is perfectly in order. it would have been but appropriate for the learned single judge to have clearly specified with reference to paragraph numbers that which part of the proposed amendment have been allowed and which part of the proposed amendment have not been allowed so as to enable us at least to see whether there was any admission or whether the same was sought to be withdrawn or whether same could or could not have been permitted. this situation makes impugned order bad in law.devinder gupta, j.1. this appeal is against the order passed on 7th july, 1999 by learned single judge in i.a. 5805/97. by the said order learned single judge while allowing defendants/appellants application seeking leave to amend the written statement observed that defendants/appellants cannot be permitted to wriggle out of the admissions already made by their conduct and by their pleadings at this stage. without stating in the impugned order that what part of the proposed amendments would amount to withdrawing the admissions already made the application was disposed of directing that before the amended written statement is brought on record an advance copy shall be given to learned counsel for the plaintiff/respondent to avoid any controversy in this regard.2. we have been taken through the application filed under order 6 rule 17 cpc seeking leave to amend written statement. the application runs into about 40 pages. the application as per the submissions of learned counsel for the respondents is not in consonance with the high court rules and orders. learned counsel for the appellant says that it is perfectly in order. we would not go into this aspect more particularly in absence of any observation by the learned single judge that which part of the proposed amendment has been rejected by the impugned order or what part has not been allowed. the impugned order leaves everybody in dark and guessing. it would have been but appropriate for the learned single judge to have clearly specified with reference to paragraph numbers that which part of the proposed amendment have been allowed and which part of the proposed amendment have not been allowed so as to enable us at least to see whether there was any admission or whether the same was sought to be withdrawn or whether same could or could not have been permitted. this situation makes impugned order bad in law.3. consequently we allow the appeal and set aside the impugned order with direction to the learned single judge to decide the application afresh in accordance with law after hearing the parties. in case learned single judge will find that the application is not in proper from he will permit the appellant to file a fresh application with the proposed amendments and the proposed amended written statement.