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Power to allow amendment of complaint/suit is wide, mere delay is not a ground for rejecting the amendment

In Shreya Milind Nimonkar Vs. Seema Shanbhag and Ors, the Maharashtra State Consumer Disputes Redressal Commission, Mumbai had rejected the amendment to the plaint by the Appellant on the ground of delay.

The Appellant had earlier filed a complaint in the name of the OP-1 only as she was not aware of that the main surgeon in this medical negligence case is another person and was trying to amend the plaint so as to include the said surgeon as a party. However, the State Forum reject the plaint due to a delay of 3 years 2 months. 

On appeal the NCDRC said that the Order 1 Rule 10 of CPC enables the Court to add any person as party at any stage of the proceedings, if the person whose presence before the Court is necessary in order to enable the Court effectively and completely adjudicate upon and settle all the questions involved in the suit. Avoidance of multiplicity of proceedings is also one of the objects of the said provision. 

Addition of the new proposed OP-2 Dr. Mahajan is absolutely necessary to adjudicate effectively and completely the matter in controversy between the parties. The amendment application filed by complainant was after 3 years, of filing of the complaint. The instant case is of alleged medical negligence. Under Order 1 Rule 10(2) of CPC, the power to allow the amendment of complaint/suit is wide. The consumer fora should not adopt hyper technical approach while considering amendment application to avoid multiplicity of litigations. It should be borne in mind that, mere delay is not a ground for rejecting the amendment. The order passed by the State Commission is set aside. The appeal is allowed.

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