TIER-1

  Shubham Budhiraja [1]   Mr. A filed a recovery suit against Mr. B. Mr. B filed the written statement to which Mr. A field the objection. The Learned Court through one of order observed that the written statement is not in compliance with Order VI Rule 15A. Mr. A thereafter filed an application for striking off Mr. B’s pleadings (WS) for non-compliance of provisions of commercial courts act, 2015. Mr. B filed an application for curing the defects. The Learned Trial Court allowed Mr. B’s application and strike off the pleadings. The Hon’ble Delhi High Court set aside the trial court’s order and held as under: [2]   (I)                 In FMC Corporation and Anr. v. NATCO Pharma Ltd ., 2020 SCC OnLine Del 2074 wherein similarly the Court held that an application for amendment seeking to cure the defects in verification and pleading should be permitted liberally and a party should not be non-suited.     (II)               This Court is of the opinion that the intent of th

  Shubham Budhiraja [1]   A filed a suit for recovery of rent and possession against B. Later suit was withdrawn and fresh commercial suit filed. B filed application for amendment of WS to incorporate changes such as to correct typo error in suit property, etc. The trial court rejected the application and allowed plaintiff application for judgment on admission. The Hon'ble Delhi High Court affirmed the order and held that: [2]     (i)                  The provision under Order VI Rule 17 of the CPC for amendment of pleading was restored by the Code of Civil Procedure (Amendment) Act, 2002 with certain modifications. Post amendment, no application for amendment of pleadings shall, be allowed unless the Court concludes that despite due diligence, the party could not have raised the matter before the commencement of the trial.   (ii)                 In the case of B.K.N. Pillai v. P. Pillai, AIR 2000 SC 614 (616), it has been categorically observed by the Hon‟ble Supreme