- 1 - HC-KAR NC: 2025:KHC:44965 WP No. 6526 of 2024 IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 6TH DAY OF NOVEMBER, 2025 BEFORE THE HON'BLE MR. JUSTICE S VISHWAJITH SHETTY WRIT PETITION NO. 6526 OF 2024 (GM-CPC) BETWEEN: SMT REVATHI RANGASWAMY RAJ AGED ABOUT 42 YEARS WIFE OF SHRI BASANTHRAJ RESIDING AT NO.202 FARAH PLAZA, 122/1 UNION STREET, INFANTRY ROAD BENGALURU - 560 001 REPRESENTED BY HER POWER OF ATTORNEY HOLDER SHRI BASANTHRAJ. …PETITIONER (BY SRI KASHYAP N NAIK, ADV.) AND: MITTAL CLOTHING COMPANY A REGISTERED PARTNERSHIP FIRM HAVING ITS REGISTERED OFFICE AT NO.102, 3RD CROSS, 3RD MAIN 2ND STAGE, INDUSTRIAL SUBURB YESHWANTPUR, BENGALURU - 560 022 REPRESENTED BY ITS PARTNER SHRI PANKAJ MITTAL ALSO AT NO.10, 10TH MAIN RAJAMAHAL VILAS EXTENSION SADASHIVANAGAR, BENGALURU - 560 080. …RESPONDENT (BY SRI RAJESWARA P.N, ADV.) THIS WP IS FILED UNDER ARTICLE PRAYING TOSETTING ASIDE THE ORDER DATED 2.1.24 PASSED BY THE LD. I ADDITIONAL CITY CIVIL AND SESSIONS JUDGE, BENGALURU IN O.S. NO. 8006/2018 (ANNEXURE-A) AND CONSEQUENTLY, REJECTING IA NO. 10 FILED THE RESPONDENT IN OS NO. 8006/2018 (ANNEXURE- Digitally signed by NANDINI M S Location: HIGH COURT OF KARNATAKA - 2 - HC-KAR NC: 2025:KHC:44965 WP No. 6526 of 2024 B)POST THIS W.P. FOR PRELIMINARY HEARING BEFORE SINGLE JUDGE.P. DT. 29.02.2024. THIS PETITION, COMING ON FOR FINAL HEARING, THIS DAY, ORDER WAS MADE THEREIN AS UNDER: CORAM: HON'BLE MR. JUSTICE S VISHWAJITH SHETTY ORAL ORDER 1. This petition under Article 227 of the Constitution of India is filed by the plaintiff with a prayer to set aside the order dated 02.01.2024 passed on I.A.No.X in O.S.No.8006 of 2018 by the Court of I Addl. City Civil & Sessions Judge, Bengaluru. 2. Heard the learned counsel appearing for the parties. 3. Suit in O.S.No.8006 of 2018 is filed before the jurisdictional civil Court at Bengaluru seeking the relief of eviction and a consequential prayer to direct the defendant to render the accounts is also made in the suit. The defendant had filed written statement and had opposed the suit claim. When the suit was at the stage of defendant's evidence, I.A.No.X was filed under Order VI Rule 17 read with Section 151 of C.P.C. with a prayer to amend the written statement by incorporating proposed paragraph no.6(a) after paragraph no.6 in the written statement and also to raise a additional prayer in the written - 3 - HC-KAR NC: 2025:KHC:44965 WP No. 6526 of 2024 statement which is in the nature of counter claim. The said application was opposed by the plaintiff by filing objection. The trial Court vide the order impugned has allowed I.A.No.X with costs and being aggrieved by the same, the plaintiff is before this Court. 4. Learned counsel for the petitioner having reiterated the grounds urged in the petition submits that the prayer to amend the written statement by raising a counter claim has been made at the stage of defendant's evidence. The written statement cannot be amended by raising counter claim after evidence has commenced in the suit. The law in this regard has been laid down by the Hon'ble Supreme Court in the case of ASHOK KUMAR KALRA v WING CDR SURENDRA AGNIHOTRI & ORS - (2020) 2 SCC 394. 5. Per contra, learned counsel appearing for the respondent fairly submits that the prayer made in I.A.No.X may be considered only insofar as incorporating proposed paragraph no.6(a) in the written statement. - 4 - HC-KAR NC: 2025:KHC:44965 WP No. 6526 of 2024 6. Submissions made on both sides is placed on record. 7. It is not in dispute that I.A.No.X was filed on behalf of the defendant seeking permission of the trial Court to amend the written statement when the suit was at the stage of defendant's evidence. Therefore, in view of the law laid down by the Hon'ble Supreme Court in the case of ASHOK KUMAR KALRA (supra) the trial Court was justified in allowing I.A.No. X in so far as it relates to permitting the defendant to amend the prayer column of the written statement and raise a counter claim. 8. In the proposed paragraph number 6(a), the defendant has narrated certain facts about payment of refundable deposit under the lease deed dated 22.07.1996. Therefore, the prayer made in I.A.No.X insofar as it relates to permitting the defendant to incorporate proposed paragraph No.6(a) after paragraph no.6, if granted, would not put the plaintiff into any hardship. - 5 - HC-KAR NC: 2025:KHC:44965 WP No. 6526 of 2024 9. It is trite that the Court should be liberal while considering an application seeking amendment and the Hon'ble Supreme Court in the case of BALDEV SINGH & OTHERS V. MANOHAR SINGH & ANOTHER - (2006) 6 SCC 498 has observed that the Court should be more liberal while considering an application for amendment of the written statement since the other side in normal circumstances would not be put to any hardship and even in the event of there being any inconvenience caused to the other side, the same can be compensated monetarily. Under the circumstances, the order impugned to the extent it relates to permitting the defendant to amend its written statement by incorporating proposed paragraph no.6(a) in the written statement, cannot be found fault with. I.A.No.X was allowed by the trial Court by imposing cost of Rs.1,000/-. In my considered opinion the cost imposed needs to be enhanced from Rs.1,000/- to Rs.5,000/-. 10. Accordingly the following :- ORDER (i) Writ petition is partly allowed. - 6 - HC-KAR NC: 2025:KHC:44965 WP No. 6526 of 2024 (ii) The order dated 02.01.2024 passed on I.A.No.X in O.S.No.8006 of 2018 by the Court of I Addl. City Civil & Sessions Judge, Bengaluru is set aside insofar as it relates to permitting the defendant to amend the prayer column of written statement by incorporating a prayer raising counter claim and the said order is confirmed insofar as it relates to permitting the defendant to incorporate the proposed paragraph no.6(a) in the written statement immediately after paragraph no.6. (iii) Cost of Rs.5,000/- shall be paid by the defendant to the plaintiff before the trial Court on the next date of hearing. (iv) Since the suit is of the year 2018, the trial Court shall make endeavours to dispose of the suit on merits as expeditiously as possible. Pending IAs' do not survive for consideration and accordingly, the same are disposed of. Sd/- (S VISHWAJITH SHETTY) JUDGE NMS/List No.: 1 Sl No.: 19