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1 - 3 of 3 (0.22 seconds)Article 227 in Constitution of India [Constitution]
Life Insurance Corporation Of India vs Sanjeev Builders Private Limited on 1 September, 2022
The Hon'ble Supreme Court in the case of Life
Insurance Corporation of India vs. Sanjeev Builders
Pvt. Ltd. & Anr., reported at (2022) 16 SCC 1 took note
of the expression "shall" appearing in the later part of
Order 6 Rule 17 of the Code of Civil Procedure and held
that all amendments are to be allowed which are
necessary for determining the real controversy provided it
does not cause injustice or prejudice to the other side.
The Hon'ble Supreme Court further observed that delay
in applying for amendment alone is not a ground to
disallow the prayer. It was further held that where the
amendment changes the nature of the suit or the cause
of action, so as to set up an entirely new case, foreign to
the case set up in the plaint, amendment must be
disallowed.
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