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TMI Blog1980 (4) TMI 313X X X X Extracts X X X X X X X X Extracts X X X X ..... re therein. The parties are relations but the fight is bitter, perhaps because the subject matter is financially succulent , being a cinema theatre and a going cinema business. To start with, the plaintiff sought relief by way of partition of his share in the super-structure of the theatre. The claim was contested by the appellant, issues were struck, two years passed, and then the respondent (plaintiff) work up to the need for an amendment for the plaint in the shape of additional reliefs and supportive averments. The new reliefs proceeded on the footing that there was a partnership of the theatre business in which the plaintiff had a share and the demand now made was to render an account of the cinema business (M/s. Prakash Talkies) from ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... cation is hence liable to be dismissed , concluded the High Court. 4. Counsel for the appellant has come up to this Court securing Special Leave and we are free to concede that if pressure of advocacy can win a weak case, success; should have greeted Seita Vaidiolingam But when the position of law is so clear, when the jurisdiction of this Court is so exceptional and when the discretion exercised by one Court and confirmed by another is not glaringly unjust or illegal, the chances of allowance of an appeal are obviously remote. 5. The arguments urged with vigour by Counsel for the appellant were calculated to make out the gross delay on the part of the plaintiff-respondent in seeking amendment, the dubious device of developing a case ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... judice of an irremediable character are not inflicted on the opposite party under pretense of amendment of pleadings. The Court must be guided by the rule of justice expressed by the Privy Council in Ma Shwe Mya v. Maung Po Hnaung AIR 1922 PC 249 AIR (1908) CPC 1283 Vol 29th edn. All rules of Court are nothing but provisions intended to secure the proper administration of justice and it is, therefore, essential that they should be made to serve and be subordinate to that purpose, so that full powers of amendment must be enjoyed and should always be liberally exercised, but nonetheless, no power has yet been given to enable one distinct cause of action to be substituted for another, nor to change, by means of amendment, the subject-matter ..... X X X X Extracts X X X X X X X X Extracts X X X X
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