Arbitrator could not have adjudicated the question of limitation at the stage
of the amendment application at all. Counsel submits that in any event
there ... Strictly speaking, the bar of limitation on which Lindsay's application
for amendment was rejected is different from with the delay contemplated
under section
Trial Judge rightly allowed the application for amendment.
16. When the earlier application for amendment of pre-emption application was filed, the opposite party ... such amendment was necessitated in view of subsequent amendment of the Act during the pendency of the application. When the previous application for amendment
into the merit of the application for amendment of
the plaint at this stage of hearing of the amendment application.
The further specific submission ... Court will
allow the application for amendment of the plaint even if the
application is barred by limitation on the date of filing the
application
application in proper form attaching to it his former incomplete application. If this be regarded as a fresh application, execution is barred by limitation ... application for execution was made in the last case, if the application was not' capable of execution, it was barred by limitation. The application
there is no limitation as such for application for amendment. But in granting an application for amendment if there is any question of the introduction ... been enjoined take into consideration in allowing such an amendment application. But the limitation as such is not the only deciding and guiding factor
before and after its amendment, it is seen that the period of limitation for filing an application for pre-emption under Section ... judicial decisions pronounced before its amendment, Section 5 of the Limitation Act was not made applicable to an "application" under Section
application for amendment
the Court should not allow a mala fide amendment apparent on the face of
record. The question of limitation ... barred by limitation. The said decision cannot have any application to the fact of
the present case dealing with application for amendment of written statement
opposite party from making a fresh application for amendment. Thereafter, on December 2, 1987, the present application for amendment has been filed ... even though the relief may have been barred by limitation when the application for amendment is filed.
16. However, in this case, we find that
substitution and as the claim was barred by limitation the application for amendment was refused. Thereupon the plaintiffs appealed. It was argued that a partnership ... allowed the claim to be barred by limitation before an application was made for amendment. By the amendment it was intended to substitute the company
plaintiff submitted that there is no limitation insofar as application under Order 6 Rule 17 is concerned and amendment should not be refused on technical ... Apex Court observed that there is no limitation insofar as amendment application is concerned. Paragraph 8 of this judgment of the Hon'ble Apex
