Rupali Shah 28 June 2024

Defective plaint in commercial suit- direction to plaintiff to amend plaint

Hello

In commercial matter we are Defendant. Due to delay, WS has not been taken on record by court.

However, the Plaint filed by Plaintiff is defective and needs to be amended.

How can we compel the Plaintiff to amend the Plaint?

Can court Sou Moto direct the Plaintiff to amend Plaint? what Application should Defendant move to get such direction from court to Plaintiff directing him to amend Plaint?

Thank you in anticipation.

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Quick Summary

In a commercial suit, the defendant's written statement wasn't filed on time and has not been taken on record. The plaintiff's plaint is defective, and the defendant wants to know how to compel them to amend it. The defendant is concerned that if the plaint is amended, they will need to file an amended written statement, but their original written statement is not on record. It is advised that if the plaintiff files a petition to amend the plaint and it's allowed, the defendant has a right to file an additional written statement, which can be used to present their full defence and objections to the amended plaint.

4 Replies

T. Kalaiselvan, Advocate (Advocate) 28 June 2024

If you are a defendant then the defective plaint is a blessing in disguise, the court will dismiss the case as not maintainable.

It will be a benefit for you hence why are you so eager to amend the defective plaint.

Better wait and watch the developments silently.

Rupali Shah 29 June 2024

Thank you Sir for your kind reply.

My WS is not on record due to dely and delay is not condoned and my defense is already struck off due to non filing of WS.

So would i be allowed to file WS, if Plaint is amended on the grounds of defects/ irregularity? because, for amended Plaint, the amended WS has to be filed. when my WS is not on record, how would i be allowed to file WS?

I want to bring my WS on record.

Please suggest.

Thanks

T. Kalaiselvan, Advocate (Advocate) 30 June 2024

Since the plaintiff is filing the petition to amend the plaint and if it is allowed then the defendant has a right to file additional written statment irrespective of the fact that he could not file the written statement to the original plaint.

Therefore you can utilise the opportunity to file additional written statement in which you can elaborately express the entire pleadings that you intended to make in the original written statement too and the objections to the current amended plaint.