1990 (10) TMI 45

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..... nt by incorporating certain amendments in the plaint mentioned by him in the application. These amendments have been necessitated by passing of an Act by Parliament known as "Benami Transactions (Prohibition) Act, 1988," (hereinafter referred to as the Act). In substance, the plaintiff wants to raise an additional ground in the plaint that defendant No. 1 was holding the immovable property in ques .....

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..... t was not enacted by Parliament and in fact it never existed, such an amendment in the plaint could not be visualised by the plaintiffs at that stage while drafting the plaint. The amendment sought for by the plaintiffs in the application incorporates only an additional ground in a suit and does not introduce a new cause of action in any way or sets up a new case. Further, I am of the opinion th .....

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..... s within two weeks. The payment of costs shall be a condition precedent for allowing the amendment. The amended plaint which has already been filed by the plaintiffs be taken on record after the costs are paid as directed. The defendants shall file a written statement to the amended plaint within four weeks from today. Replication, if any, be filed within three weeks thereafter. I. A. No. 65 .....

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