9911796707
TMI Blog1976 (1) TMI 171X X X X Extracts X X X X X X X X Extracts X X X X ..... r Branch of the appellant Reserve Bank of India. Oa October 25, 1952 the Reserve Bank of India terminated his service with effect from October 27, 1952 acting under regulation 25(2)(b) of the Reserve Bank of India (staff) Regulations, 1948. On October 27, 1955 the respondent instituted a suit in the Court of the Civil Judge, Nagpur, alleging that the termination of his service without giving him a ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... ry 23, 1960. The trial court held that the respondent was governed by the Reserve Bank of India (Staff) Regulations, 1948 and that the order terminating his service was legal and valid. The appeal taken by the respondent against the decision of the trial court was also dismissed by the District Judge at Nagpur on February 10, 1964. The respondent preferred a second appeal and the High Court in the ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... way of amendment lent support to the plaintiff's case. But the plaintiff did not move against the order allowing amendment of the written statement which had become final, and the trial court on an examination of the whole of the pleadings and documents on record found that the proposed amendment of the plaint besides being 'highly prolix was unecessary. The lower appellate court also agr ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... improve on the case as originally made. The plaintiff's case did not depend on what the defendant might say in the written statement and if what he proposed to introduce in the plaint by way of amendment was relevant to his case, there is no apparent reason why this was left out when the plaint was filed Prima facie, therefore, the order of the trial court rejecting the plaintiff's applic ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... into the merits of the appeal which remain to be considered. Accordingly, we allow this appeal, set aside the judgment of the High Court remanding the case to the trial court for reconsideration of the amendment applications, and remit the matter to the High Court for disposal of the second appeal on merits. In the circumstances of the case, the parties will bear their own costs upto this Court. ..... X X X X Extracts X X X X X X X X Extracts X X X X
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