another amendment on
02.11.2011. It is this amendment with which we are concerned and,
therefore, we reproduce this amendment as well:-
Sr. No. Name ... such.
8. As noted above, as per the petitioner, this amendment is
malafide and arbitrary which has been occasioned to accommodate
the private respondent
proposed amendment,
the nature of the proceedings has been completely altered and he
would submit that the amendment is malafide and since ... applications for amendment, the Court must not refuse bonafide,
legitimate, honest and necessary amendment and should not
permit malafide, worthless and/or dishonest amendments
amendment, the court is not to examine the merits
of the amendment or to consider the strength or weakness of the case
of the amendment ... amendment :
(1) whether the amendment sought is imperative
for proper and effective adjudication of the case;
(2) whether the application for amendment is
bonafide
Constitution of India. The amendment application was allowed on 13.1.2009.
Amendment application dated 16.2.2009
19. By this second amendment application M/s APIL sought amendments ... into consideration and further that the notification dated 12.12.2008 suffers from malafides.
Amendment application dated 26.10.2009
20. By this third amendment application the petitioner
provided
(a) the amendment does not result in injustice to the
other side.
(b) by the amendment, the parties seeking
amendment do not seek ... factor for consideration.
71.4.2. The amendment changes the nature of the
suit.
71.4.3. The prayer for amendment is malafide, or
71.4.4. By the amendment
rule of amendment is essentially a rule of
justice, equity and good conscience and the power of
amendment should be exercised in larger interest ... party unless it is satisfied
that the party applying was acting malafide. The
amendment to pleading should be liberally allowed
since procedural obstacles ought
provided
(a) the amendment does not result in injustice to
the other side,
(b) by the amendment, the parties seeking
amendment does not seek ... factor for consideration,
(ii) the amendment changes the nature of the
suit,
(iii) the prayer for amendment is malafide, or
(iv) by the amendment
were not incorporated in
the earlier amendment application. No such prayer was made. That the
amendment was malafide and violative of the proviso to Order ... certain situations)
(c) The amendment completely changes the nature of the suit;
(d) The prayer for amendment is malafide,
(e) By the amendment, the other
provided
(a) the amendment does not result in
injustice to the other side,
(b) by the amendment, the parties seeking
amendment does not seek ... factor for consideration,
(ii) the amendment changes the nature of the
suit,
(iii) the prayer for amendment is malafide, or
(iv) by the amendment
factor for
consideration,
(ii) the amendment changes the nature of the suit,
(iii) the prayer for amendment is malafide, or
(iv) by the amendment ... factor
for consideration,
(ii) the amendment changes the nature of the
suit,
(iii) the prayer for amendment is malafide, or
(iv) by the amendment
