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Judgment
Debangsu Basak, J
The Court: This is an application for amendments made at the behest of the plaintiff.
The application is pending since 1997. By the proposed amendments, the plaintiffs seek to bring on record incidents happening prior to the suit being
filed and some events subsequent thereto.
Learned advocate appearing for the plaintiff submits that the plaintiffs became aware all the incidents happening both prior to the suit and subsequent
to the suit on an application being filed by the existing defendants in an interlocutory application. According to him, the amendments proposed are
necessary for the purpose of effective and proper adjudication of all the issues raised in the suit. The defendants proposed to be added are necessary
and proper parties.
Learned advocate appearing for the existing defendants submit that, the amendments sought for are barred by laws of limitation. The plaintiffs are
guilty of abuse of process of Court.
The plaint originally filed and without the proposed amendments is between three plaintiffs and two defendants. The plaint relates to a company and its
functioning. Essentially, the suit is for remedial measures in respect of alleged oppression and mismanagement of the shareholders of a company.
By the proposed amendments, the plaintiffs seek to add eight more defendants. The justification for addition of such defendants are that, such
defendants meddled with the shares and affairs of the company. The plaintiffs state that, there were incidents happening prior to the filing of the suit
and immediately subsequent thereto, which such incidents the plaintiffs derived knowledge, from the application filed by the original defendants.
The proposed amendments if allowed will not change the nature and character of the suit.
There is an issue of limitation involved. Such issue need not be decided at this stage. The proposed amendments can be allowed by keeping the issue
of limitation open to be decided at the final hearing of the suit.
In such circumstances, the amendments shown in red ink on a copy of the plaint annexed to the supplementary affidavit are allowed to be
incorporated in the plaint. The department will carry out such amendments within six weeks from the date of communication of this order. The
plaintiffs are at liberty to re-verify the plaint. Leave is granted to the plaintiffs to lodge the writ of summons for the added defendants.
GA No.2568 of 1997 is disposed of without any order as to costs.