The Kissan Workers Cooperative Labour And Construction Society Limited versus Amritsar Improvement Trust | Order Dated Fri, 19 Apr 2019

The Kissan Workers Cooperative Labour And Construction Society Limited versus Amritsar Improvement Trust - Order No: 8

Case and Order Information

Case Number: CS/4831/2018

Parties: The Kissan Workers Cooperative Labour And Construction Society Limited versus Amritsar Improvement Trust

Order Number: 8

Filing Date: Tue, 22 May 2018

Order Date: Fri, 19 Apr 2019

Order Description: Copy of order

Status: Consideration

Stage: Consideration

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Order Content

**In the court of Sh. Rajan Aneja, Civil Judge, (Jr. Div. ), Amritsar. **

Unique Identification No. PB0559

Case no: 85 Date of Institution: 23. 5. 2018 Computer Reg. No. CS 4831/2018 Date of decision: 19. 4. 2019 The Kissan Workers Labour …. . . . . . . . . . . Plaintiff Versus Amritsar Improvement Trust aND others …. . . . . . . . Defendants

( Application Under Order 6 rule 17 read with section 151 of CPC for amendment of the plaint)

Present: Sh. Vinay Khera Adv, for Plaintiff Sh. S. K. Dhawan, Adv. , for Defendant

Order: -

  1. This order of mine shall dispose off an application filed Under Order 6 rule 17 read with section 151 of Civil Procedure Code on behalf of the Plaintiff for amendment of the plaint.
  2. Brief facts of the application are that the Plaintiff has filed the present Suit for recovery of Rs. 3, 49, 397. 71. It is further averred that during the pendency of that case the department has released a sum of Rs. 1, 92, 200/- of security amount on 8. 6. 2018 aND as such now only the relief, which remained pending is in the shape of interest on the delayed payments as well as on the security amount. It is further averred that in para no. 5 of the plaint, amount of the secoND running bill has been inadvertently wrongly written as Rs. 7, 33, 558/- whereas amount of secoND aND final bill is Rs. 9, 05, 625/- which was required to be released in the month of February, 2015, but the same was released in the month of April, 2017. It is further averred that similarly interest on the said delayed amount of secoND aND final running bill for the delayed period comes to Rs. 2, 26, 406. 25 i. e. interest @ 12% on amount of Rs. 9, 05, 625/- for the period February, 2015 to April, 2017. It is further averred that the amount of secoND aND final bill as well as interest has been inadvertently wrongly typed in paragraphs no. 5 of the plaint, which is required to be corrected by way of present amendment as stated above i. e. amount of secoND aND final bill from Rs. 7, 33, 558/- to Rs. 9, 05, 625/- aND interest from Rs. 1, 98, 060. 66 to Rs. 2, 26, 406. 25. It is further averred that Plaintiff by way of amendment wants to strike the amount written as Rs. 7, 33, 558/- in last third line of the paragraph no. 5 of the plaint aND wants to correct the same with the corrected amount of Rs. 9, 05, 625/-. Similarly Plaintiff further wants to strike the amount of interest of Rs. 1, 98, 060. 66 in the last secoND line in para no. 5, which the correct calculated amount of interest of Rs. 2, 26, 406. 25. It is further averred that the aforesaid error in wrongly typing the aforesaid amounts is a typographical error aND is not intentional one. It is further averred that now only interest on the delayed payments is pending which is as under: Interest @ 12% on first bill of Rs. 8, 23, 260/- Rs. 74, 093. 40. Interest @ 12% on secoND aND final bill of Rs. 9, 05, 625/- Rs. 2, 26, 406. 25. Interest @ 12% on security amount of Rs. 1, 92, 200/- Rs. 77, 243. 65. Total Rs. 3, 77, 743. 30. AND as such on account of corrected figures of interest as calculated above, Plaintiff wants to ameND the figure of Rs. 3, 49, 397. 71 to Rs. 3, 77, 74. 30/- in the head note, para no. 11 aND in the relief clause of the plaint. It is further averred that the aforesaid amendment is very much necessary for the proper adjudication of the matter in question on account of said error in the figures aND as such on account of subsequent events of releasing of Rs. 1, 92, 200/ during the pendency of the present case. It is further averred that the case is still at initial stage aND no prejudice will be caused to the Defendant, if the aforesaid amendment is allowed. Lastly prayer was made for allowing the application.
  1. Upon notice, written reply filed by counsel for Defendant in which Defendant denied that amount of secoND running bill has been inadvertently wrongly written as Rs. 7, 33, 558/- instead of Rs. 9, 05, 625/-. It tis also denied that the same was required to be released in the month of February 2015 but the same was released in April, 2017. It is well settled law that an admission cannot be withdrawn by the party. It is also denied that interest on the delayed period comes to Rs. 2, 26, 406. 25@ 12% on amount of Rs. 9, 05, 625/-. It is denied that the aforesaid error in wrongly typing the aforesaid amounts is a typographical error aND is not intentional one. As per the amended CPC, no amendment can be allowed after framing the issues aND commencement of the trial of the present case. All other pleadings are denied parawise aND lastly prayer was made for the dismissal of the application.
  2. I have heard both the counsels for the parties aND gone through the case file minutely.
  3. The present amendment application has been filed by the applicant / Plaintiff that the secoND running bill amount has been wrongly written as Rs. 7, 33, 558/- but infact secoND running bill amount is Rs. 9, 05, 625/- aND similarly interest of the delayed amount was wrongly mentioned as Rs. 1, 98, 060. 66/- instead of Rs. 2, 26, 406. 25/- aND in this way the applicant/Plaintiff has sought the mentioning of correct secoND running bill amount as Rs. 9, 05, 625/- aND interest Rs. 2, 26, 406. 25/-. Since amendment is sought for secoND running bill amount which is only typographical error aND does not change the nature of the Suit. No prejudice will be caused to the opposite party in case the amendment is allowed. In series of judgment it was heLd. that typographical error can be amended at any stage. No doubt amendment is sought at the later stage but costs is the panacea for the delay.
  4. Keeping in view the above said discussion, the present application is allowed, subject to the costs of Rs. 200/- which is to be given to the opposite party. Now case is adjourned to 2. 5. 2019 for filing amended plaint.

**Pronounced in open court (Rajan Aneja) Dated 19. 4. 2019 Civil Judge, Jr. Division, **

Typed by: rajeev kumar Amritsar UID no. PB0559 Kissan Works Vs. AIT cs 4831-2018 Present: Sh. Vinay Khera Adv, for Plaintiff Sh. S. K. Dhawan, Adv. , for Defendant Vide separate order of even date, the present application is allowed, subject to the costs of Rs. 200/- which is to be given to the opposite party. Now case is adjourned to 2. 5. 2019 for filing amended plaint**. ** **Pronounced in open court (Rajan Aneja) Dated 19. 4. 2019 Civil Judge, Jr. Division, ** Amritsar UID no. PB0559 Typed by: rajeev kumar

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References: Case Number - CS/4831/2018 | Case Type - CS | CNR Number - PBAS020025572018 | Complex Name - District Court, Amritsar | Court Name - 48-mandeep Kaur-Civil Judge (junior Division) | Filing Date - 22-05-2018 | Judge Name - 48-Civil Judge (Junior Division) | List Date - 2025-05-29 | Order Date - 2019-04-19 | Order Number - 8 | Petitioner Advocates - Vinay Kherarajesh Kumar Sharma | Petitioner Parties - The Kissan Workers Cooperative Labour And Construction Society Limited Advocate - Vinay Khera | Respondent Parties - Amritsar Improvement Trust Advocate - Rajesh Kumar Sharma2) The Superintending Engineer 3) The Trust Engineer | Status - Rebuttal

Document information last updated: Tue, 26 Aug 2025, 08:14 AM IST