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1978 Supreme(SC) 30

D. A. DESAI, M. H. BEG
Ganesh Trading Company – Appellant
Versus
Moji Ram – Respondent


Advocates:
M.B.LAL, O.P.Varma, V.M.TARKUNDE

Judgement Key Points

Key Points: - The amendment of pleadings is intended to promote justice and not defeat rights; amendments may be allowed with costs and conditions to meet issues (!) (!) - A dissolution of a partnership does not necessarily destroy the capacity to sue in the firm's name; amendments can reflect the correct capacity of the plaintiff without altering the cause of action (!) (!) - Courts may permit amendments to cure defective pleadings or to introduce additional facts if not barred by lapse of time; introducing a new or inconsistent cause of action may be refused if it deprives the other party of rights accrued by delay (!) (!) (!) (!)

How to amend pleadings without defeating prior rights and the ends of justice?

What is the effect of dissolving a partnership on the capacity to sue in the name of the firm and the corresponding amendment of pleadings?

What are the limits on allowing amendments that introduce new causes of action or new facts, considering lapse of time and rights accrued?


JUDGMENT

BEG, C.J.I. :— This appeal by special leave indicates how, despite the settled practice of this Court not to interfere, as a general rule, with orders of an interlocutory nature, such as one on an application for the amendment of a plaint, this Court feels compelled, in order to promote uniform standards and views on questions basic for a sound administration of justice, and, in order to prevent very obvious failures of justice, to interfere even in such a matter in a very exceptional case such as the one now before us seems to us to be.

2. Procedural law is intended to facilitate and not to obstruct the course of substantive justice. Provisions relating to pleadings in civil cases are meant to give to each side intimation of the case of the other so that it may be met, to enable Courts to determine what is really at issue between parties, and to prevent deviations from the course which litigation on particular causes of action must take.

3. Order 6, Rule 2 Civil Procedure Code says:

"Every pleading shall contain, and contain only a statement in a concise form of the material facts on which the party pleading relies for his claim or defence, as the case may be, but not the ev

























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