In Brief
The State of Bihar and another (defendants) challenged the dismissal of their application to amend their written statement in a money suit for recovery of Rs. 41,59,418/-. The proposed amendment sought to elaborate facts already pleaded in the written statement. The Trial Court and High Court had rejected the amendment application. The Supreme Court held that amendments elaborating on existing defenses should be allowed during trial when they cause no prejudice to the plaintiff and the trial remains incomplete. The Court allowed the appeal, set aside the High Court and Trial Court orders, and permitted the defendants to amend their written statement accordingly.
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