J.Samuel & Ors vs Gattu Mhesh & Ors on 16 January, 2012
In the said decision, it has been held that if there is mistake it will
not come within the purview of the term "due diligence". In the
present case, according to the plaintiffs-petitioners, the mistake
was detected after passing of the preliminary judgment. In such
circumstances, if the amendment is not allowed then it will
certainly occasion failure of justice and shall lead to multiplicity
of proceedings between the parties. The court below without
considering this aspect of the matter and without considering as to
whether it is necessary for deciding the real controversy between
the parties has rejected the amendment application by cryptic
order.