Considering this situation and the law laid down in Bishnu Prasad (supra), I am of the view that when any document undergoes an amendment, if the amendment can be conveniently embodied in the basic document like the plaint / written statement / counter claim / darkhast etc., the same could be permitted even without filing a freshly typed document for the said purpose. For example, if the L.Rs. are brought on record or a minor correction is made in any paragraph, it would not be necessary to insist upon a litigant to submit a fresh typed document after carrying out the amendment. However, if a plaint undergoes an amendment where a few paragraphs, few prayers etc. are introduced, the trial Court or any concerned Court can insist upon the litigant to file a freshly typed document post amendment.
18. In order to facilitate the filing of such a freshly typed document, the trial Court can direct the party to file such a typed document by mentioning in the order granting amendment and a time frame can also be granted in the order of amendment. In short, if a Court permits an amendment to be carried out in 14 days, it could very well observe in the order itself that the concerned litigant would carry out the amendment in the said document and shall also file a freshly typed document embodying the amendment, within the same period. This approach would be in tune with Rule 79 of the Civil Manual which casts a duty on the Court to ensure that the amendment is carried out.
19. I am of the view that all the Courts, to which, the CPC and the Civil Manual are applicable, should follow this procedure. This would eliminate unnecessary expenditure to a litigant who has to carry out a minor amendment, which can be conveniently embodied in the document while carrying out the order of amendment. Where certain paragraphs and prayers are permitted to be added by way of an amendment, the trial Court would insist on filing of a freshly typed document, post amendment, by specifically mentioning in the order allowing the amendment.
IN THE HIGH COURT OF BOMBAY (AURANGABAD BENCH)
Writ Petition No. 9882 of 2018
Decided On: 28.08.2018
Dagu Vs. Gopinath and Ors.
Hon'ble Judges/Coram:
R.V. Ghuge, J.
Citation: 2019(1) MHLJ 375
