Court
at the instance of the plaintiffs, permitting the plaintiffs to amend the
plaint. The order passed by the High Court in the Chamber Summons ... High Court permitted the plaintiffs to amend the plaint,
seeking to enhance the amount towards the alternative claim for
damages.
FACTUAL MATRIX
3. It appears
allowing the
petitioner/defendant to file written statement to the amended plaint i.e the
petitioner/defendant was not allowed to file the amended written ... plaint.
(ii). Both the arguments urged on behalf of the petitioner are
misconceived because in ordinary circumstances when plaint is amended
obviously an amended written
seek leave to amend not once but several times. The practice is to amend first in red and make later amendments in different coloured inks ... denoting such amendments. A prayer for amendment in the written statement by the defendant occasioned by the plaintiff having amended his plaint is a prayer
portion of the plaint as in his opinion the plaint must be seen as a whole and not just the amending portion. He found that ... impression that he
was to look to the amending portion only.
"Amending Plaint" I reaffirm my view should
mean the plaint that stood
action set forward in the plaint at the time the leave was granted and hence the plaint cannot be amended so as to alter ... only when the order adding a new party is perfected and plaint amended that the Court can be said to have received a suit
suit along
with its contention remained the same. Amended written
statement to amended plaint was filed on 19th June, 2010. It
was filed through ... basis of which he
had filed amended written statement to the amended
plaint.
28. Other legal representatives of deceased
defendant No.1 other than defendants
defendant and hence the order had become final.
6. In the amended plaint, in paragraph 6-a, the plaintiff has stated as follows:-
The plaintiff ... basis of the amended plaint and not on the basis of the original plaint. In the amended plaint, the plaintiff has specifically avered that
amend the written statement is
to afford him an opportunity to set out his
defence in reply to the amended pleadings
introduced in the plaint ... plaint, whether the defendant has
made out a case for introducing such pleas
in the written statement. The circumstance
that the plaint has been amended
Failure to amend after order.- If a party who has obtained an order for leave to amend does not amend accordingly within the time limited ... application for amendment of the plaint and the same was granted by the trial Court. In the plaint so amended para 5-A was inserted
plaint is amended the defendant can file a written-statement containing pleas foreign to the amended portion of the plaint and at variance with ... answer to the unamended portion of the plaint.
When a plaint is allowed to be amended after the filing of the written-statement
