Laxmidas Dahyabhai Kabarwala vs Nanabhai Chunilal Kabarwala And Ors on 27 March, 1963
We find no force in the contention of the appellant. No
doubt, the amendment of the plaint is normally granted and
only in exceptional cases where the accrued rights are taken
away by amendment of the pleading, the Court would refuse
the amendment. This Court in Laxmidas Dahyabhai Kabarwala
vs. Nunabhai Chunilal Kabarwala [(l964) 2 SCR 567 at 582)
held thus: