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TMI Blog1999 (12) TMI 872X X X X Extracts X X X X X X X X Extracts X X X X ..... tatement filed the appellant herein pleaded that he was not a licensee but a lessee. During the trial of the suit the appellant filed an application for amendment of the written statement to incorporate an alternative plea that in case the court found that the defendant was a licensee, he was not liable to be evicted as according to him the licence was irrevocable. He further wanted to add a plea that first and second prayers in the plaint were barred by limitation and that as acting upon the licence he has executed works of permanent nature and incurred expenses in execution of the same his licence cannot be revoked by the grantor under Section 60(b) of the Indian Easements Act, 1882. The prayer was rejected by the Trial Court as also by t ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... e the addition of a new cause of action or raise a different case, but amounts to no more than a different or additional approach to the same facts, the amendment will be allowed even after the expiry of the statutory period of limitation: See Charan Das v. Amir Khan and L.J. Leach and Company Limited and Anr. v. Jardine Skinner and Company [1957]1SCR438 . The principal reasons that have led to the rule last mentioned are, first, that the object of courts and rules of procedure is to decide the rights of the parties and not to punish them for their mistakes (Cropper v. Smith (1884) 26 Ch.D. 700) and secondly, that a party is strictly not entitled to rely on the statute of limitation when what is sought to be brought in by the amendment ca ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... ing. But the exercise of such far reaching discretionary powers is governed by judicial considerations and wider the discretion, greater ought to be the care and circumspection on the part of the Court. 6. In Ganesh Trading Co. v. Moji Ram [1978]2SCR614 it was held: It is clear from the foregoing summary of the main rules of pleadings and provisions for the amendment of pleadings, subject to such terms as to costs and giving of all parties concerned necessary opportunities to meet exact situations resulting from amendments, are intended for promoting the ends of justice and not for defeating them. Even if a party or its Counsel is inefficient in setting out its case initially the short coming can certainly be removed generally by appropr ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... n account of lapse of time. The delay in filing the petition for amendment of the pleadings should be properly compensated by costs and error or mistake which, if not fraudulent, should not be made a ground for rejecting the application for amendment of plaint or written statement. 7. In the appeals the appellant-defendant wanted to amend the written statement by taking a plea that in case he is not held a lessee, he was entitled to the benefit of Section 60(b) of the Indian Easements Act, 1882. Learned Counsel for the appellant is not interested in incorporation of the other pleas raised in the application seeking amendment, The plea sought to be raised is neither inconsistent nor repugnant to the pleas already raised in defence. The alte ..... X X X X Extracts X X X X X X X X Extracts X X X X
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