Swarna Paper Cutting Works, Rep. By It'S ... vs M/S. Indian Express (Madurai) Private ... on 23 August, 1999
13. It is no doubt true that in this case that plaintiff had not pleaded any ground saving the suit from the law of limitation. But however he had produced evidence before the lower court. There was no contra evidence before the lower court at all. It is not the case of the defendants while they cross examined the witnesses on the side of the plaintiff that these documents do not relate to him. Therefore the lower court had exercised the discretion vested in it under the proviso to Order 7 Rule 6 of the C.P.C. in permitting the plaintiff to claim exemption on the evidence adduced by him before it. In view of the categorical pronouncement of this court in the judgment referred to above and inasmuch as there is evidence before the lower court on the basis of
which the plaintiff claims exemptions. I am of the opinion that the amendment prayed for to incorporate the ground claiming exemption is concerned, would be totally unnecessary. But however the amendment application filed by the plaintiff also seeks to amend the description of the plaintiff in the cause title as "Express Publications (Madurai) Limited" in the place of "Indian Express (Madurai) Private Limited". No counter is filed as well as no objection is raised to this amendment. Therefore the amendment, so far it relates to the description of the plaintiff alone in the cause title is ordered and in all other aspects, it is dismissed, as it is held to be wholly unnecessary.