Search Results Page

Search Results

1 - 10 of 13 (0.22 seconds)
Ntpc (Up) Ltd vs Swadesh Polytex Ltd. on 13 April, 1998 cites

Vineet Kumar vs Mangal Sain Wadhere on 5 January, 1984

12. At this stage, while deciding the application for amendment, the Court has not to go on the merit of the controversy, the cardinal principle of allowing the amendment is that the Court should avoid multiplicity of litigation. What has to be looked by the Court at this stage while disposing of the application for amendment is that by proposed amendment whether the nature of the suit is altogether changed; whether amendments sought for are Mala fide; and whether by allowing of the amendment the period of limitation is going to be extended. Even the authority cited by Mr. Kapur, Vineet Kumar v. Mangal Sain Wadhera's case (supra) is of no help as the Apex Court held that where the amendment does not constitute an addition of a new cause of action, or raise a new case, but amounts to no more than adding to the facts already on records, the amendment would be allowed even after the statutory period of limitation. In the case before me, it is in the interest of justice and to do complete justice between the parties that subsequent events, which have taken place, should be allowed to be amended by this application.
Supreme Court of India Cites 16 - Cited by 133 - R B Misra - Full Document
1   2 Next