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Pasupuleti Venkateswarlu vs The Motor & General Traders on 18 March, 1975

Venkateswarlu (supra), read in its statutory setting, falls in this category. Where a cause o action is deficient but later events have made up the deficiency, the Court may, in order to avoid multiplicity of litigation, permit amendment and continue the proceeding, provided no prejudice is caused to the other side. All these are done only in exceptional situations and just cannot be done if the statute, on which the legal proceeding is based, inhibits, by its scheme or otherwise, such change in cause of action or relief. The primary concern of the court is to implement the justice of the legislation. Rights vested by virtue of a statute cannot be divested by this equitable doctrine (See Chokalingam Chetty: 54 Mad.L.J. 88 P.C.).
Supreme Court of India Cites 4 - Cited by 472 - V R Iyer - Full Document
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