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1 - 3 of 3 (1.00 seconds)Abdul Rehman & Anr vs Mohd.Ruldu & Ors on 27 September, 2012
In 2012 (11) SCC 341 (Abdul Rehman vs Mohd. Ruldu),, the Apex
Court held that an amendment application filed before the commencement of
trial and an application filed thereafter needs to be decided by applying different
parameters. The paragraph 10 of this judgment reads as under:
J.Samuel & Ors vs Gattu Mhesh & Ors on 16 January, 2012
12. The Apex Court in the case reported in 2012 (2) SCC 300 (J. Samuel and
others Vs. Gattu Mahesh and others) opined that "due diligence" is the idea that
reasonable investigation is necessary before certain kinds of relief are requested.
Duly diligent efforts are a requirement for a party seeking to use the adjudicatory
mechanism to attain and anticipated relief. An Advocate representing someone
must engage in due diligence to determine that the representations made are
factually accurate and sufficient. The term "due diligence" is specifically used in
the Code so as to provide a test for determining whether to exercise the discretion
in situations of requested amendment after the commencement of trial. The
requirement of showing "due diligence" cannot be dispensed with. The term
"due diligence" determines the scope of a party's constructive knowledge, claim
and is very critical to the outcome of the suit.
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