9911796707
TMI Blog1989 (8) TMI 373X X X X Extracts X X X X X X X X Extracts X X X X ..... s set out in the plaint are that plaintiff while was working with defendants as General Manager, his services were terminated by the defendants vide order dated 25th May, 1984 with immediate, effect In lieu of three months notice, he was given three months pay in the form of a cheque of ₹ 13,920.00 . The service of the plaintiff appears to have been terminated on the ground that he wanted to set up a parallel business for which he had gone on long leave. However, his services were allegedly terminated in accordance with the appointment letter and also on he ground that his services were no longer required. The plaintiff has challenged the impugned order on the various grounds that the order of termination dated 25th May, 1984 has not ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... nted under this section unless the plaintiff has claimed such relief in his plaint : Provided that, where no such damages have been claimed in the plaint, the court shall, at any stage of the proceeding allow the plaintiff to amend the plaint on such terms as may be just for including such claim. (3) The dismissal of a suit to prevent the branch of an obligation existing in favor of the plaintiff shall bar his right to sue for damages for such breach. (3) The section aims at preventing multiplicity of suits and compels plaintiffs to sue for all possible reliefs in respect of breaches, actual or threatened of obligations, existing in their favor, in one and the same suit on pain of forfeiting their rights to sue for damages by bringing a ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... ere is no substance in this submission as by asking alternatively for additional relief for payment of damages, character of the suit is not fundamentally altered nor could the defendants be taken by surprise. (5) Another submission of the learned counsel for the defendant that this amendment is intended to delay the proceedings and decision of the suit and is belated one is also devoid of force as the suit is at preliminary stage and no prejudice will be caused to the defendants if the amendment is allowed at this stage as the fact remains that all such reliefs arise out of termination of services. (6) Under Order 6 Rule 17 all amendments ought to be allowed which satisfy the two conditions (a) : of not working injustice to the other ..... X X X X Extracts X X X X X X X X Extracts X X X X
|
