Rijwan
Ahamd and others , 2008 (3) SCC 717 wherein application for
amendment moved two years after framing of the issues was allowed ... contended that Delhi property in
respect of which application has been moved for amendment so as to
incorporate the same, was purchased by Sikander Singh
came to be moved by the defendants seeking amendment in their written
statement, the same was declined by the learned trial court by passing ... written statement
already filed. Be that as it may, application for amendment moved by
defendants-petitioners deserves to be allowed.
No other argument was raised
alleged fault of counsel,
amendment cannot be allowed because if amendment is allowed on this
ground, then no application for amendment of pleading ... taken to seek amendment of the
Civil Revision No. 3147 of 2012 -4-
pleading.
In the instant case, amendment application was moved after
commencement
windows etc. had been blocked but no application for
amendment was moved earlier than the examination of DW2 Badri Narain.
Even thereafter, the evidence ... failed
to establish that despite due diligence, he could not move the amendment
application earlier. There is no error in the jurisdiction of the trial
passed in favour
of the plaintiff-petitioner. Plaintiff-petitioner, thereafter, moved an
amendment application seeking permission to incorporate relief of
possession in the suit saying ... claimed by way of amendment.
Petition is allowed.
Impugned order is set aside.
Amendment application moved by the plaintiff-petitioner
stands allowed.
(ALOK SINGH
moved seeking permission of this Court to incorporate grounds
of appeal and proposed substantial questions of law, by way of
amendment in the memorandum ... formulate substantial questions of law in the memo of appeal by
moving amendment in view of change of law. There should be
some limit
Further, in case such an application for amendment, as moved
by the plaintiff-petitioner in the case in hand, is allowed, very object of
Amendment ... behalf of the petitioner-plaintiff that he could not move the
application for amendment of the plaint at an earlier point of time in spite
merits of the amendment and the merits of the amendment sought to be incorporated by way of amendment are not be adjudged at the stage ... tactics. However, it has categorically been averred in the applications for amendment moved by the petitioners that the facts which they now want to incorporate
Judge (Junior Division), Ludhiana,
thereby dismissing application (Annexure P-3) moved by plaintiff for
amendment of plaint, has filed this revision petition under Article ... performance had hopelessly
become barred by limitation, when amendment application was moved, the
amendment cannot be allowed so as to leave the question of limitation
contended that law of amendment of written statement is more liberal
than amendment of plaint and ordinarily, amendment of written statement
should be allowed ... plaintiffs
contended that amendment of written statement has been rightly declined by
the trial court because the amendment application was moved after
commencement of trial
