above said proviso, the orders allowing or
disallowing the amendment of plaint can never result in final disposal of the Suit.
Therefore, such orders cannot ... amendment of the plaint. The original plaint was filed seeking
partition in the Suit Property. The petitioner by way of the amendment application
under Order
where allowing
the amendment would result in irreparable injustice to the
opposite party, or where, by the amendment, the party seeking
amendment withdraws or resiles ... relief in the plaint, and is predicated on facts which are already
pleaded in the plaint, ordinarily the amendment is required to
be allowed
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
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
amendment. While dealing with an
application for amendment there is no doubt that the tests still continue to
be as to whether the amendment would ... amendment being taken on record. From the materials on record,
it is not in doubt that the application for amendment of the plaint filed
application for amendment cannot be a
ground to refuse amendment.
6. It is also well settled that even if the amendment
prayed for is belated ... have carefully examined the amendment prayed for
and after going through the application for
amendment of the plaint, we are of the view that
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
Perusal of application under Order 6 Rule 17 CPC seeking
amendment of plaint reveals that proposed amendment will neither
change the nature of suit ... gone into
and decided. The order herein above allowing the amendment of plaint is
without prejudice to decision of the learned trial court about
maintainability
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 to the pleadings. Proposed amendment should not cause such prejudice to the other side which cannot be compensated by costs. No amendment should
through an application under Order VI Rule
17 seeking amendment of plaint bearing, I.A. No. 8087/2022.
61. It is also submitted that ... suit property, vide I.A. No. 8087/2022, seeking
amendment of the plaint. He submitted that in terms of the
Signature Not Verified
Digitally Signed
