conspicuously absent in the plaint, and a cause of action, which, though in the plaint, is defective, the amendment application can be allowed to rectify ... conspicuously absent in the plaint, and a cause of action, which, though in the plaint is defective, the amendment application can be allowed to rectify
Court has a discretion either to allow the amendment or refuse the amendment of the plaint prayed for, the amendment of the plaint relates back ... brought down on account of the amendment; it is also clear that the amendment of the plaint was allowed after the date of the commencement
application seeking amendment, the plaintiff, as a precautionary measure, has also filed an application seeking the very same amendment to the plaint. At the outset ... expressly taken in the plaint, the entire plaint averments shall have to be read together and found out whether the plaint averments are sufficient
Others v Vinayak Sadashiv Kulkarni and Others , has dealt with the amendment of plaint in a suit filed under Section ... plaintiff in his plaint, I am of the considered opinion that both these legal bars are attracted to the proposed plaint amendment and, therefore
PROPERTY
In RFA No.2091/2005 (O.S.No.2500/1990)
Plaint Amendment of WS sought under
I.A.No.2/2020
SCHEDULE ... schedule.
In RFA No.2092/2005 (O.S.No.5011/1996)
Plaint Amendment of Plaint sought
under I.A.No.1/2021
Immovable property bearing
PROPERTY
In RFA No.2091/2005 (O.S.No.2500/1990)
Plaint Amendment of WS sought under
I.A.No.2/2020
SCHEDULE ... schedule.
In RFA No.2092/2005 (O.S.No.5011/1996)
Plaint Amendment of Plaint sought
under I.A.No.1/2021
Immovable property bearing
PROPERTY
In RFA No.2091/2005 (O.S.No.2500/1990)
Plaint Amendment of WS sought under
I.A.No.2/2020
SCHEDULE ... schedule.
In RFA No.2092/2005 (O.S.No.5011/1996)
Plaint Amendment of Plaint sought
under I.A.No.1/2021
Immovable property bearing
relief in the
plaint, and is predicated on facts which are already
pleaded in the plaint, ordinarily the amendment is
required to be allowed ... admission by the party seeking amendment, the
amendment is required to be allowed. Equally, where the
amendment is necessary for the court to effectively
adjudicate
estopped from carrying out the
amendment as proposed.
10. The Defendant further submits that the
application for amendment of plaint at this stage is devoid ... jurisdictional fact in any amendment, the Court
will have no jurisdiction to allow the amendment to the
plaint.
8. The Apex Court again
application for amendment having been
filed beyond three (3) years from the date of filing of the
suit, prayer for amendment of plaint to seek ... amendment. An amendment
once incorporated relates back to
the date of the suit. However, the
doctrine of relation-back in the
context of amendment
