applying r. 115 which has been further diluted by the IT (9th Amendment) Rules, 1993, coming into force w.e.f. 25th May, 1993, that
There was no estoppel against the statute and the amendment to the claim dated 9th May, 1947 was not in the nature of a fresh ... against the statute".
13. Regarding the position of the amendment of the 9th May 1947, Mr. Sinha has referred to Clause 25 of Exhibit
reject the said
application in which the petitioners had prayed for amendment of
their suit. They had also prayed for permission to join the Town ... rejected in the year 1985. They thereafter moved amendment
application on 9th April 2003. By way of amendment the
petitioners wanted essentially
petitioners
did not set out the text of the proposed amendment. This amendment
MVR,J
CRP No. 950 of 2019
2
sought is very lengthy ... corrected. Another reason assigned in support
of the proposed amendment is that the 9th respondent made certain
alienations out of the plaint schedule properties
Therefore, the application came to be
filed for amendment. The application was resisted by
the 9th defendant alone, reiterating the averments made ... case. When the
amendment sought is bonafide, refusing the
amendment will lead to injustice and multiplicity of
proceedings. The proposed amendment sought will not
change
August, 2002 was
title denied for the first time after the amendment of the plaint was
moved, the relief of declaration claimed by the plaintiff ... since the amendment was allowed in the
present case by the judgment dated 28th March, 2002, the said amendment
related back to 9th March
earlier learned arbitrator Shri R.K.
Bhansali on 9th June 2000. The said amendment was opposed by the petitioner
by filing written statement before ... arbitrator had already allowed the
amendment on 12th September 2008 itself, the question of keeping any hearing
on 9th January 2009 did not arise. Learned
decree having thus been materially altered to her prejudice by the "amendment" Under Section 19 of the Act, she has. preferred this appeal ... calculated from the date of the amendment of the decree by the Court below on 9th November 1942, the appeal would be well within time
petition of the plaintiff, which was filed on the 9th August. 1965 was for amendment of the plaint and addition of certain alternative reliefs ... added since that stood time-barred on the 9th August, 1965 when the petition lor amendment of the plaint was filed. Learned Counsel contended that
Civil Application was allowed by the order dated 9th February, 2009
and the amendment to delete the name of Chandravati was carried out
on 20th