CPC Conundrum: CPC Sec 96, Friend & I at Odds
cpc du_llb advanced mcq_debateI was studying CPC with my friend Abhishek for DU LLB Entrance and we got stuck on this MCQ: "Under which rule of CPC, an agent can be held vicariously liable for wrongful acts of his principal?" Our answers are poles apart!
My argument: "Hey, it's CPC Sec 84 (not 96, Abhishek! You got the section wrong). Sec 84 says that for wrongful acts of his agent, the principal is liable, but CPC Sec 84 also says only for acts done within the scope of authority or implied authority. So if the agent acted beyond his authority, the principal ain't liable."
Abhishek says: "No way, bro! CPC Sec 96 clearly says that the principal is liable even if the agent acted beyond his authority.
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Dude, CPC Sec 96 is about amendment to a written statement. It says the court can allow amending the statement even after the suit's been filed, but with permission. The key is 'sufficient cause' & 'without causing any undue delay'. I've seen some judges get really strict about this. My friend says it's a 'relaxation' clause, but I think it's more of a 'discretion' thing. What's your take on this, guys?