plaint was
filed seeking to correct a part of the description of the suit property
only in the plaint. The application for amendment ... Accordingly, neither the prayer for
amendment of the agreement, nor the prayer for amendment of the
plaint could be allowed even though the said amendment
amendment of the plaint ought to have directed that the unamended plaint shall be returned with the application for amendment, for presentation to the proper ... proposed amendment."
After such amendment is allowed, the court has ample jurisdiction to direct return of the plaint under
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has also since held that the application for amendment of plaint to
bring the suit within the minimum pecuniary jurisdiction of this ... Amendment Act and the Office
Order dated 24th November, 2015 supra, this Court can entertain and
hear application for amendment of plaint in a suit
present case.
8. Another rule for allowing amendment is that no amendment of the plaint should be allowed if its effect is to take away ... paragraph 2 of the plaint and in order to avoid the objection of partial pre-emption, the plaint required amendment. This submission is thus repelled
amendment of plaint and u/O. 1
R. 10(2) of CPC for impleadment of Priority
Marketing Pvt. Ltd. as D-2]
By an order ... could have been included in the
plaint; (iii) by way of amendment of plaint, the respondents have attempted
to set up an entirely new case
merits of the amendment sought. A party
seeking the amendment may ultimately succeed or fail on
the basis of the amendment is not the relevant ... amendment is
necessary, relevant and relate to the controversy involved in
the lis. Hon'ble Supreme Court by allowing the amendment
of the plaint
requires the Courts to adjudicate the application filed for amendment of
Plaint before adjudication of an application filed for rejection of the Plaint.
Reliance ... merits of the
amendment and the merits of the amendment sought to be
incorporated by way of amendment are not to be adjudged
merits of the amendment sought. A party
seeking the amendment may ultimately succeed or fail on
the basis of the amendment is not the relevant ... amendment is
necessary, relevant and relate to the controversy involved in
the lis. Hon'ble Supreme Court by allowing the amendment
of the plaint
amend the plaint is trying to introduce a new case which
was not his case in the original plaint and proposed
amendment if allowed would ... amendment of a written
1 (2007) 5 SCC 602
statement, the courts are more liberal in
allowing an amendment than that of a plaint
plaint
was not considered sufficient to disallow amendment and to
dismiss the suit. The amendment of the plaint was
necessitated to clumsy drafting. The plaintiff ... plaint.
Nothing is said in the plaint that the defendant had agreed
to the bills tendered. To allow the amendment of the plaint
would necessarily
