Saturday, 22 December 2018

Whether amendment of plaint adding new cause of action can be allowed?

The law on the subject was summed up by this Court in Ashok v. Gourammabai, MANU/MH/1028/1993 : 1994 Mh.L.J. 286 in the following words :

"The position that emerges from the above decisions of the Supreme Court is that an amendment should always be allowed if it is necessary for the purpose of determining the real questions and controversies between the parties and if it can be made without injustice to the other party. There is no injustice if the other side can be compensated by costs. The only exception is where the amendment would take away from a defendant a legal right which accrued to him by lapse of time. Even amendments modifying the original cause of action or adding another may be allowed if the entire subject-matter of the suit is not altered. Introduction of a new cause is no ground for refusing to allow amendment so long as the defendant has the opportunity of meeting the new case by amendment of the written statement and by leading evidence in respect of his defence. Avoidance of multiplicity of suits is also one of the relevant considerations."
All these decisions clearly go to show that amendment of pleadings should be liberally allowed except in cases where vested rights of any of the parties are affected.
IN THE HIGH COURT OF BOMBAY

Civil Revision Application No. 859 of 1991 in Interlocutory Notice No. 595 of 1991 in L.E. and C. Suit No. 51/68 of 1979

Decided On: 11.02.1994

 Annoo Shetty Vs. Aishabai Hamid Khan


Hon'ble Judges/Coram:
Dr. B.P. Saraf, J.

Citation: 1994(1) LJSOFT 36.
Read full judgment: Click here
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