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1966 DIGILAW 39 (MAD)

S. v. Sanjeevi Devar VS S. V. Manicka Devar

1966-02-03

M.ANANTANARAYANAN

body1966
Order: I have no doubt whatever that the amendment of the written statement, on the facts of this particular case, ought to have been allowed, and that the learned Judge was in error in declining to permit the verbal amendment. Actually, there are authorities of the Supreme Court, which I need not set forth here, for the view that, in such matters, Courts should adopt a fairly liberal attitude, unless the nature of the amendment is such as to alter the basis of the suit altogether, or to introduce some new ground of fact which was not earlier in the pleading. It appears to me that, in these days when the knowledge of a language like English and the accurate use of it are both showing signs of diminution rather than increase, it is all the more essential that a Court should be liberal, before inhibiting a party from making a verbal amendment to his pleadings. Very briefly the facts here are that, in respect of a document in writing relied on by the plaintiff as constituting a negotiable instrument upon which he could enforce his claim, on the principle of section 25, sub-clause (3) of the Contract Act the defendant originally stated in his written statement that he did not " consciously execute "the document in question. The only amendment that he now seeks is the deletion of the word " consciously " in this part of the written statement. Actually that word did not clarify the pleading, even as it stood; it merely obscured it. A man cannot unconsciously execute a document, unless indeed it is his specific case that he was rendered drunk or insensible of his acts at the time of execution. The amendment merely makes it clear that the execution is denied, and, the plaintiff will have to prove the execution prima facie. The defendant may then have to explain how he came to execute such a document, without the execution being valid and enforceable as against him; the burden may shift at that stage, and nothing need be said about it now. The amendment, in my view ought to be allowed, in the interests of justice. It is accordingly allowed and the suit should proceed, to further trial. Parties will bear their own costs. R.M. ----- Petition allowed.