Page No.# 1/4 GAHC010256152024 2025:GAU-AS:5078 THE GAUHATI HIGH COURT (HIGH COURT OF ASSAM, NAGALAND, MIZORAM AND ARUNACHAL PRADESH) Case No. : CRP(IO)/42/2025 M/S SIGMA SPICES INDUSTRIES (P) LTD A COMPANY AS DEFINED UNDER THE COMPANIES ACT, 2103 AND HAVING ITS REGISTERED OFFICE AT MALPANI COMPLEX, KENDUGURI, P.O. AND P.S.-JORHAT (ASSAM) AND IS BEING REPRESENTED BY ONE OF ITS DIRECTORS MR. GAUTAM GHOSH VERSUS M/S NATIONAL INSURANCE COMPANY LTD AND 3 ORS A COMPANY AS DEFINED UNDER THE COMPANIES ACT, 2013 AND HAVING ITS REGISTERED OFFICE AT 3 MIDDLETON STREET, KOLKATA-71 AND IS BEING REPRESENTED BY ITS DIRECTOR 2:REGIONAL MANAGER NATIONAL INSURANCE CO. LTD. BHANGAGARH GS ROAD GUWAHATI ASSAM 3:DIVISIONAL MANAGER NATIONAL INSURANCE CO. LTD. K B ROAD P.O. AND P.S.-JORHAT ASSAM 4:M/S AASTHA INSUVISION INSURANCE SURVEYORS AND LOSS ASSESSORS PVT. LTD. HAVING ITS REGISTERED OFFICE AT 20 HEMANTA BASU SARANI KOLKATA REPRESENTED BY ITS DIRECTO Page No.# 2/4 Advocate for the petitioner(s): Mr. W Sharma Advocate for the respondent(s): Mr. R Goswami B E F O R E HON’BLE MR. JUSTICE DEVASHIS BARUAH ORDER 25.04.2025 Heard Mr. W Sharma, the learned counsel appearing on behalf of the petitioner. Mr. R Goswami, the learned counsel appears on behalf of the respondents. 2. This supervisory jurisdiction of this Court has been invoked to challenge the order dated 29.10.2024 passed in Misc (J) Case No. 59/2023 arising out of Title Suit No. 27/2019 passed by the Court of the learned Civil Judge (Senior Division) Jorhat, (hereinafter referred to as, “the learned Trial Court”) whereby the application under Order VI Rule 17 of the Code of Civil Procedure, 1908 so filed was rejected. 3. The brief facts leading to the filing of the instant case is that the petitioner herein as plaintiff had instituted a suit being Title Suit No. 27/2019 before the learned Trial Court seeking realization of an amount of Rs. 64,90,962/- along with interest at the rate of 18% per annum as well as for compensation to the tune of Rs. 25,00,000/-. Pursuant to the filing of the suit, the defendant Nos. 1, Page No.# 3/4 2 and 3 had filed their written statement. 4. Subsequent thereto, while the suit was at the stage of framing of the issues, the plaintiffs filed an application seeking amendment of the plaint on the ground that there were certain errors in incorporating the correct amounts. The said application was registered and numbered as Misc (J) Case No. 59/2023. The respondents filed their objections to the said application and the learned Trial Court vide the impugned order dated 29.10.2024 rejected the application filed under Order VI Rule 17 of the Code on the ground that if the proposed amendment is allowed in the present form, then it would create confusion in the long run leading to multiplicity of the suits and further, if the proposed amendment is allowed, it would change the nature and character of the original suit as well since the plaintiff intended to introduce certain new facts. 5. This Court had duly heard the learned counsels appearing on behalf of the parties and had duly perused the materials on record. 6. It is relevant to take note of that the trial in respect of Title Suit No. 27/2019 is yet to begin. This Court has also duly perused the application seeking amendment. It reveals that the amendments which have been sought for are in the nature of certain correction of the amounts claimed by the petitioner and further insertion of certain facts which are necessary and essential for adjudication of the dispute. Page No.# 4/4 7. Considering the above, it is the opinion of this Court that the learned Trial Court had committed an error in exercise of jurisdiction in passing the impugned order dated 29.10.2024 thereby rejecting the amendment application registered as Misc (J) number 59/2023. The learned Trial Court further failed to take note of that the trial is yet to begin and the settled principle of law stipulates that the Court should be liberal in allowing amendments of the pleadings prior to the beginning of the trial. 8. Accordingly, the impugned order dated 29.10.2024 passed in Misc (J) Case No. 59/2023 is set aside and quashed. This Court allows Misc (J) Case No. 59/2023 i.e. the amendment application. 9. This Court duly takes note of that vide an order dated 14.02.2025, the further proceedings of Title Suit No. 27/2009 was stayed. Taking into account that the parties are duly represented, the said stay order is vacated and the parties are directed to appear before the learned Trial Court on 13.05.2025, on which date, the petitioner shall file the amended plaint. Failure to file the amended plaint on or before 13.05.2025 would result in consequences as envisaged under Order VI Rule 18 of the Code. The learned Trial Court shall after filing of the amended plaint give due opportunity to the respondents herein who are the defendants to file their additional written statement, if any. JUDGE Comparing Assistant