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1 - 10 of 14 (0.52 seconds)A. K. Gupta And Sons vs Damodar Valley Corporation on 10 September, 1965
"4. This Court in A.K. Gupta & Sons Ltd. v. Damodar
Valley Corpn. [AIR 1967 SC 96 : (1966) 1 SCR 796]
held:
Pirgonda Hongonda Patil vs Kalgonda Shidgonda Patil And Others on 7 February, 1957
26 Ch. 700 : 53 LJ Ch 891 : 51 LT 729]) and
secondly, that a party is strictly not entitled to rely on
the statute of limitation when what is sought to be
brought in by the amendment can be said in substance
to be already in the pleading sought to be amended
(Kisandas Rupchand v. Rachappa Vithoba Shilwant
[ILR (1909) 33 Bom 644 : 11 Bom LR 1042] approved
in Pirgonda Hongonda Patil v. Kalgonda Shidgonda
Patil [AIR 1957 SC 363 : 1957 SCR 595]).
Mr. Vijay Gupta vs Mr. Gagninder Kr. Gandhi & Ors. on 4 July, 2022
(See Vijay Gupta v. Gagninder Kr. Gandhi [Vijay
Gupta v. Gagninder Kr. Gandhi, 2022 SCC OnLine
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Del 1897] .)"
Gajanan Jaikishan Joshi vs Prabhakar Mohanlal Kalwar on 13 December, 1989
(Also see Gajanan Jaikishan
Joshi v. Prabhakar Mohanlal Kalwar [(1990) 1 SCC
166].)"
P.A.Jayalakshmi vs H.Saradha & Ors on 21 July, 2009
In the case of P.A. Jayalakshmi v. H. Saradha
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reported in (2009) 14 SCC 525, the above observations
were reiterated by this Court and in the light of the
same, this Court in para 9 held as under:
B.K-Narayana Pillai vs Pararneswaran Pillai & Anr on 13 December, 1999
In B.K. Narayana Pillai v. Parameswaran Pillai
reported in (2000) 1 SCC 712, this Court referred to
the following passage from A.K. Gupta and Sons Ltd.
v. Damodar Valley Corporation reported in AIR 1967
SC 96 wherein, it was held as follows:--
Ganesh Prasad vs Rajeshwar Prasad on 14 March, 2023
17. The law relating to amendment of pleadings under Order VI Rule 17
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of the CPC has been crystallized by the Apex Court in several cases. It is
settled law that courts should take a liberal view in allowing amendment of
pleadings. The Apex Court in Ganesh Prasad v. Rajeshwar Prasad & Ors,
2023 SCC OnLine SC 256, has held as under:
Charan Das vs Amir Khan on 6 July, 1920
But it is also well
recognised that where the amendment does not
constitute the addition of a new cause of action or
raise a different case, but amounts to no more than a
different or additional approach to the same facts, the
amendment will be allowed even after the expiry of the
statutory period of limitation : See Charan Das v. Amir
Khan [AIR 1921 PC 50 : ILR 48 Cal 110] and L.J.
Leach and Co. Ltd. v. Jardine Skinner and Co. [AIR
1957 SC 357 : 1957 SCR 438]
The principal reasons that have led to the rule last
mentioned are, first, that the object of courts and rules
of procedure is to decide the rights of the parties and
not to punish them for their mistakes (Cropper v. Smith
[[L.R.]
L. J. Leach And Company Ltd vs Jardine Skinner And Co on 22 January, 1957
But it is also well
recognised that where the amendment does not
constitute the addition of a new cause of action or
raise a different case, but amounts to no more than a
different or additional approach to the same facts, the
amendment will be allowed even after the expiry of the
statutory period of limitation : See Charan Das v. Amir
Khan [AIR 1921 PC 50 : ILR 48 Cal 110] and L.J.
Leach and Co. Ltd. v. Jardine Skinner and Co. [AIR
1957 SC 357 : 1957 SCR 438]
The principal reasons that have led to the rule last
mentioned are, first, that the object of courts and rules
of procedure is to decide the rights of the parties and
not to punish them for their mistakes (Cropper v. Smith
[[L.R.]