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Ganesh Trading Co vs Moji Ram on 25 January, 1978 cites

A. K. Gupta And Sons vs Damodar Valley Corporation on 10 September, 1965

We are unable to share the view taken by the High Court. The High Court had relied on A. K. Gupta & Sons Ltd. v. Damodar Valley Corporation.(1) In that case the plaintiff had sought a declaration of his rights under the terms of a contract. The suit was decreed. But, as the first appellate Court had reversed the decree on the ground that section 42 of the Specific Relief Act barred the grant of a mere declaratory decree in such a case, the appellant had sought leave, by filing an amendment application in its second appeal before the High Court seeking to add a relief to recover such monies as may be found due to him on proper accounting. By a majority, the view expressed by this Court was that the amendment should be allowed although the Court affirmed the principle that, as a rule, a party should not be allowed, by means of an amendment, to set up a new cause of action particularly when a suit on the new case or cause of action is barred by time.
Supreme Court of India Cites 9 - Cited by 309 - A K Sarkar - Full Document

Jai Jai Ram Manohar Lal vs National Building Material Supply, ... on 17 March, 1969

In that case, the learned Judge had rightly followed the principles laid down by this Court in Jai Jai Ram Manohar Lal (supra) and had also agreed with the view taken in Ippili Satyanarayana v. The Amadalavalasa Cooperative Agricultural and Industrial Society Ltd.(3), where it held that the defendant was not prejudiced by the amendment of the description at all. In the case before us also, the suit having been instituted by one of the partners of a dissolved firm the mere specification of the capacity in which the suit was filed could not change the character of the suit or the case. It made no difference to the rest of the pleadings or to the cause of action. Indeed, the amendment only sought to give notice to the defendant of facts which the plaintiff' would and could have tried to prove in any case. This notice was being given, out of abundant caution, so that no technical objection may be taken that what was sought to be proved was outside the pleadings.
Supreme Court of India Cites 3 - Cited by 383 - J C Shah - Full Document

Ippili Satyanarayana vs The Amadalavalasa Co-Operative ... on 23 October, 1973

In that case, the learned Judge had rightly followed the principles laid down by this Court in Jai Jai Ram Manohar Lal (supra) and had also agreed with the view taken in Ippili Satyanarayana v. The Amadalavalasa Cooperative Agricultural and Industrial Society Ltd.(3), where it held that the defendant was not prejudiced by the amendment of the description at all. In the case before us also, the suit having been instituted by one of the partners of a dissolved firm the mere specification of the capacity in which the suit was filed could not change the character of the suit or the case. It made no difference to the rest of the pleadings or to the cause of action. Indeed, the amendment only sought to give notice to the defendant of facts which the plaintiff' would and could have tried to prove in any case. This notice was being given, out of abundant caution, so that no technical objection may be taken that what was sought to be proved was outside the pleadings.
Andhra HC (Pre-Telangana) Cites 3 - Cited by 2 - Full Document
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