Delhi HC States That Applications To Amend Admissions Can Be Entertained Even If Judgement Is Reserved Under Order XII Rule 6

CASE BACKGROUNDS

• It was a pragmatic view taken by Justice Asha Menon that a court was permitted to take an interest in an application to amend an admission made in pleadings, even if the judgement is reserved under the basis of admission of the Order XII Rule 6.
• Justice Menon was engrossed with petitions which challenged the order dated under 4th August, 2020, in which the Trial Court had adjourned orders applications filled under Order XII Rule 6 of CPC and under Order XV- A of CPC, which were reserved through the court and had listed five suits for arguments, which were filed by the petitioners.

CASE PROCEEDINGS

• It was detected that an application for modifications and amendments can be filed up to the stage of pronouncement of a judgement and after filing an appeal.
• The petitioner acquiesced that it was not acceptable to transfer the amendment application subsequently after hearing was determined on the basis of admission.
• It was thus acquiesced that the Trial Court had made a mistake in not disposing the application under Order XII Rule 6 of CPC primarily and rather accepting the amendment application, and in so doing, it supplemented fixing a hearing on it.

RELEVANT DISCUSSION POINTS

• The Hon’ble Court decided that the "hearing" may be understood and comprehended once the "judgement" is set aside. But, the assertion of the judgement is also a phase, just as the filing of an appeal which would also be an important stage in the lifespan of a suit.
• The High Court accordingly had found no fault in the pronouncement of the Trial Court to take up the amendment application of the hearing, despite having heard enough parties on the said application.
• The Court observed that the petitions existing empty of qualities and merits are discharged accordingly, along with the incomplete applications.
• It was made clear that naught contained in this order could be a replication on the merits of the application under Order VI Rule 17 of CPC or under Order XII Rule 6 of CPC, which the educated and learned Trial Court would dispose of in accordance with law.

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