- (1.) The present Master's summons has been taken out by the plaintiff for amendment of the plaint. The original dispute out of which the present proceeding arises relates to certain sums of money alleged to have been made as excess payment by the plaintiff to the defendant in connection with transshipment of goods from the Kolkata Port to Nepal. The suit, in essence, is for recovery of the said sum and certain ancillary sums of money. The stage at which the amendment is sought for is after the framing of issues.
(2.) A preliminary point has been taken by the defendant while resisting the application for amendment is that sufficient cause has not been indicated in the application for amendment as to why this amendment is made. At this stage, it has been submitted by Mr. Tilak Basu, learned Counsel for the defendant that nothing has been demonstrated before this Court from which it could be inferred that the plaintiff could not have noticed the materials which are sought to be introduced by way of amendment at an earlier stage if due diligence was exercised.
(3.) It has also been contended by Mr. Basu, that the trial of this suit has already commenced upon framing of issues and the proviso to Rule 17 of Order 6 of the Code of Civil Procedure specifically prohibits allowing, such application.;