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Inadvertent Mistakes In The Plaint Cannot Be Refused To Be Corrected

In CIVIL APPEAL NO. 2431 OF 2019, Varun Pahwa vs Mrs. Renu Chaudhary, amendment of the plaint was sought as the Plaintiff was described as Varun Pahwa through Director of Siddharth Garments Pvt. Ltd. though it should have been Siddharth Garments Pvt. Ltd. through its Director Varun Pahwa in a suit for recovery of loan. The plaintiff in the amendment also mentioned that the money had been lent by the Pvt. Ltd. and therefore the amendment should be allowed. The Trial Court, whose order was later upheld by the High court, declined the amendment on the ground that the application is an attempt to convert the suit filed by a private individual into a suit filed by a Private Limited Company which is not permissible as it completely changes the nature of the suit.

The Supreme Court on appeal, observed that the error made in the memo of parties was clearly inadvertent mistake on the part of the counsel who drafted the plaint and that such inadvertent mistake cannot be refused to be corrected when the mistake is apparent from the reading of the plaint. The Rules of Procedure are handmaid of justice and cannot defeat the substantive rights of the parties. It is well settled that amendment in the pleadings cannot be refused merely because of some mistake, negligence, inadvertence or even infraction of the Rules of Procedure. The Court always gives leave to amend the pleadings even if a party is negligent or careless as the power to grant amendment of the pleadings is intended to serve the ends of justice and is not governed by any such narrow or technical limitations.

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