9911796707
|
Home
Issues:
Amendment application rejection based on belatedness and change in nature of suit. Analysis: The High Court dismissed the Civil Revision Petition, upholding the Trial Court's rejection of the amendment to the plaint in a recovery suit. The Trial Court found the application belated and observed that the proposed amendments introduced a new cause of action, altering the entire pleadings. It noted attempts to withdraw admissions from the original plaint, which could change the suit's nature and character. The High Court concurred that the amendments sought to change the suit's character but recognized no change in cause of action or total amount claimed. It highlighted discrepancies in the original plaint and the Agreement, emphasizing the need for a liberal approach in amendment applications. The Supreme Court disagreed with the lower courts, finding the proposed amendments permissible. It clarified that while the amendments expanded the plaint and altered relief figures, they did not introduce new pleas or reliefs. The Court emphasized the undisputed Agreement's centrality, noting that the amendments provided clarity without prejudicing the respondents. The High Court's concern about changes in the suit's character was deemed unfounded by the Supreme Court, which emphasized that the amendments did not alter the suit's basis significantly. The Court highlighted the importance of clarity and accuracy in pleadings, noting that the amendments did not retract from the original plaint's admissions. It emphasized that the proposed changes did not introduce new causes of action, merely elaborating on existing claims. The Court concluded that the rejection of the amendments was legally unjustified and directed the amendments to be allowed. However, the Court ordered the deletion of certain unnecessary allegations from the proposed amendments, while awarding costs to the respondents due to delays by the appellants. The Supreme Court set aside the orders of the High Court and Trial Court, allowing the appeal and permitting the plaint's amendment upon payment of costs within a specified timeframe.
|
