In Brief
The appellant, director of Siddharth Garments Pvt. Ltd., sued for recovery of Rs. 25 lakhs allegedly advanced as a loan. The plaint was mistakenly titled in the appellant's individual name rather than the company's. When the appellant sought to amend the memo of parties to correct this inadvertent error, the trial court and High Court refused, holding the amendment would impermissibly change the suit's nature. The Supreme Court allowed the appeal, holding that procedural rules must serve justice and should not defeat substantive rights. An obvious, inadvertent mistake in the memo of parties should be corrected, as it caused no injustice to the defendant and was a mere scrivener's error by counsel.
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