Defendant/ vs Shyam Kumar Gupta Son Of Sri Birendra ... on 19 February, 2019
It is also settled position of law that the mere delay is no
ground of dismissal of amendment where no prejudice is caused to the
opposite party, reference may be made to the judgment rendered in
the case of Dondapati Narayana Reddy vs. Duggireddy
Venkatanarayana Reddy and ors., reported in (2001) 8 SCC 115
wherein the Hon'ble Apex Court by taking into consideration to advance
the interest of justice and to avoid multiplicity of litigation has laid
down that such prayer cannot be denied on hypertechnical grounds.
The amendment should, generally, be allowed unless it is shown that
permitting the amendment would be unjust and result in prejudice
against the opposite side which cannot be compensated by costs or
would deprive him of a right which has accrued to him with the lapse
of time.