relief would not be pressed while moving the application for amendment of the plaint. Sri Sarkar therefore, prayed for stay of the proceedings before ... company.
10. The suit as well as application seeking amendment of the plaint are contested by the petitioners and are pending before the High Court
were quoted before the learned District Judge to show
that amendment of a plaint dated back to the date of the presentation of the
original ... cited before me also
shows that the amendment of a plaint relates back to the date of the institution
of the suit with regard
Appaso Swami : (2007) 5 SCC 602,
held that prayer for amendment of the plaint (filed by the plaintiff)
and a prayer for amendment ... case of amendment of
a written statement, the courts are more liberal in allowing an amendment
than that of a plaint as the question
amendment changes the nature of the
suit.
71.4.3. The prayer for amendment is mala fide, or
71.4.4. By the amendment, the other side loses ... relief in the plaint, and is predicated on facts
which are already pleaded in the plaint, ordinarily
the amendment is required to be allowed.
Company
consideration,
(ii) the amendment changes the nature of the suit,
(iii) the prayer for amendment is malafide, or
(iv) by the amendment, the other side ... relief in
the plaint, and is predicated on facts which are already pleaded in
the plaint, ordinarily the amendment is required to be allowed
Bank of Baroda has filed this petition in IA-2 for amendment of plaint as set out in the petition for amendment ... , amendment of pleading can be allowed before pronouncement of judgment, now the amendment petition has been filed in the appellate stage and the amendment cannot
Bank.
9. There are catena of decisions to the effect that amendment of plaint can be allowed at any stage of the suit under Order ... applied and the amendment cannot be allowed. The Supreme Court in AIR 1969 SC 1257 has held that amendment of plaint not to be refused
plaint, which caused the respondent Bank to come up with the amendment petition. Amendment sought for although seems to be of voluminous nature ... plaint and also some more amendments in the paragraph No. 9 of the plaint. But those averments in the amendment do not relate
2000, whereby and whereunder the prayer of amendment of the plaint by the respondent Bank has been allowed.
2. The brief facts of the case ... original plaint on the ground that due to inadvertence and omission certain facts could not find place in plaint and as such amendment was necessary
Jardine & Co. (Supra), Supreme Court upheld an application for amendment of the plaint in High Court made by the plaintiff though the same ... case had applied in the High Court for amendment of the plaint for adding an extra relief which was refused, by the High Court
