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1 - 10 of 12 (0.19 seconds)The Code of Civil Procedure, 1908
Section 8 in The Foreign Trade (Development and Regulation) Act, 1992 [Entire Act]
Section 141 in The Code of Civil Procedure, 1908 [Entire Act]
Article 227 in Constitution of India [Constitution]
Section 151 in The Code of Civil Procedure, 1908 [Entire Act]
Ganesh Trading Co vs Moji Ram on 25 January, 1978
19. In the context of amendments of pleadings in a suit the legal
position is well settled. Amendments which seek to add entirely new
cause of actions which virtually amount to substitution of a new plaint or
a new cause of action in place of what was originally there, would
normally be refused by a Court. Reference in this context may be had to
the judgment of the Supreme Court in Ganesh Trading Co. Vs. Moji
Ram, AIR 1978 SC 484 where the Supreme Court in paragraph 5 held as
under:-
The Foreign Trade (Development and Regulation) Act, 1992
Abdul Rehman & Anr vs Mohd.Ruldu & Ors on 27 September, 2012
20. Reference in the above context may also be had to Abdul Rehman
and Anr. vs. Mohd. Ruldu and Ors., (2012) 11 SCC 341 and State of
Madhya Pradesh vs. Union of India AIR 2012 SC 2518.
Puran Singh & Ors vs State Of Punjab & Ors on 18 January, 1996
"9. We have not been able to appreciate the anxiety on the
part of the different courts in judgments referred to above
to apply the provisions of the Code to Writ Proceedings on
the basis of Section 141 of the Code. When the
Constitution has vested extraordinary power in the High
Court under Articles 226 and 227 to issue any order, writ
or direction and the power of superintendence over all
courts and tribunals throughout the territories in relation to
which such High Court is exercising jurisdiction, the
procedure for exercising such power and jurisdiction, have
to be traced and found in Articles 226 and 227 itself. No
LPA 553/2015 Page 9 of 11
useful purpose will be served by limiting the power of the
High Court by procedural provisions prescribed in the
Code. Of course, on many questions, the provisions and
procedures prescribed under the Code can be taken up as
guide while exercising the power, for granting relief to
persons, who have invoked the jurisdiction of the High
Court. It need not be impressed that different provisions
and procedures under the Code are based on well
recognised principles for exercise of discretionary power,
and they are reasonable and rational. But at the same time,
it cannot be disputed that many procedures prescribed in
the said Code are responsible for delaying the delivery of
justice and causing delay in securing the remedy available
to a person who pursues such remedies. The High Court
should be left to adopt its own procedure for granting relief
to the persons concerned. The High Court is expected to
adopt a procedure which can be held to be not only
reasonable but also expeditious."