effect. The plaintiff by
way of amendment now wants to seek amendment in the
clause (a) in the prayer paragraph to claim the right ... provided
(a) the amendment does not result in injustice to the
other side,
(b) by the amendment, the parties seeking amendment
does not seek
ground to disallow the prayer. Where the aspect of
delay is arguable, the prayer for amendment could
be allowed and the issue of limitation framed ... 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
ground to disallow the prayer. Where
the aspect of delay is arguable, the prayer for
amendment could be allowed and the issue of
limitation framed ... ground to disallow the prayer. Where the
aspect of delay is arguable, the prayer for
amendment could be allowed and the issue of
limitation framed
omitted
or got rid of. The Court further observed that a prayer
for amendment of the plaint stand on different footing.
The relevant observations ... Court are set out as
under:
"19. ..a prayer for amendment of the plaint and
a prayer for amendment of the written statement
stand
respect to the
prayer clause, let us consider, the laws on the question of allowing
7
or rejecting a prayer for amendment of the pleadings ... settled that the court must be extremely liberal in
granting the prayer for amendment, if the court is of the view that if
such amendment
Misc. case could be taken as
commencement of trial. The prayer for amendment was made
at the pre- trial stage and hence, the prayer should ... long time with
regard to their own property. The prayer for amendment,
according to him, was fit to be rejected on that ground alone
with costs."
4. As noted herein earlier it is this prayer for amendment of
the written statement which was rejected by the Special Court ... merit of
such amendment. The only question at the time of considering
the amendment of the pleadings would be whether such
amendment would be necessary
However, by an order dated 29th of
August, 1998, the prayer for amendment of the plaint was rejected by
the trial court on the ground ... agreement, the High Court
was not justified in rejecting the prayer for amendment of the plaint
and the agreement. He further contended that in view
opposed by the original
plaintiff/respondent on the ground that the prayer
for amendment of the written statement and the
counter claim was clearly barred ... conclusion that as the
cause of action arose in 1986, the prayer for
amendment of the written statement and the counter
claim for enhanced damages
amendment is necessary to decide the
real dispute between the parties. If it is, the amendment will
be allowed; if it is not, the amendment ... merits of the
amendment and the merits of the amendment sought to be
incorporated by way of amendment are not to be adjudged
