9911796707
|
Home
Issues:
1. Whether allowing an amendment of the plaint constitutes a judgment within the meaning of clause (15), Letters Patent, and if an appeal lies. 2. Whether a court has the jurisdiction to allow an amendment of the plaint when the original plaint does not disclose a cause of action. Analysis: Issue 1: The judgment discusses the appeal from an order granting leave to the plaintiffs to amend the plaint. The preliminary objection raised questions if the order qualifies as a judgment under clause (15), Letters Patent, allowing an appeal. Reference is made to a previous case where it was held that allowing an amendment of the plaint does not constitute a judgment. The distinction is made between cases where an amendment goes beyond the scope of the suit and cases where the amendment cures a defect in the cause of action. The court assumes for the appeal that the original plaint did not disclose a cause of action, but the defect was cured by the allowed amendment. Issue 2: The judgment delves into the jurisdiction of the court to allow an amendment of the plaint when the original does not disclose a cause of action. The argument presented is that under O. 7, R. 11, if a plaint does not disclose a cause of action, it should be rejected, and the suit dismissed, without the option to amend. However, the court opines that the power to allow amendments under O. 6, R. 17 is not restricted by O. 7, R. 11. It is emphasized that the court can prevent rejection of the plaint by permitting amendments to rectify the cause of action deficiency. The judgment rejects the view that the court lacks jurisdiction to allow amendments when the original plaint lacks a cause of action, emphasizing that the decision to allow an amendment is a matter of proper or improper exercise of discretion by the court. The judgment also discusses precedents from the Calcutta High Court and the Privy Council, emphasizing that the jurisdiction to permit amendments is not precluded even when substituting one cause of action for another. It is clarified that the court's discretion in allowing amendments is subject to scrutiny for proper exercise but does not equate to lacking jurisdiction. Ultimately, the court concludes that the order allowing the amendment of the plaint is not a judgment, and the appeal is dismissed. Cross-objections regarding costs are also addressed, leading to their dismissal. In a concurring opinion, another judge agrees with the decision to dismiss the appeal.
|
