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1978 Supreme(Cal) 141

PADMA KHASTGIR
RATAN CHAND KHANNA – Appellant
Versus
MAHENDRA KUMAR – Respondent


Advocates Appeared:
A.N.Saraf

PADMA KHASTGIR, J.

( 1 ) THIS application has been taken out by the plaintiff for amendment of the plaint. This application has been taken out after the application which has been taken out by the defendant for an order for dismissal of the suit or in the alternative for taking off the plaint from the file was heard by me. The said application was moved on 19th Dec. 1977. In para. 8 of the said petition it has been stated by the plaintiff that there are certain mistakes in calculation which were due to bona fide mistakes and were not known and realised by the plaintiff. As such under the said circumstances the plaint should be amended to rectify those mistakes. It is the plaintiff's further case that although interest has been claimed in the original plaint but through inadvertence the agreement for payment of the interest has not been pleaded in the original plaint. In the premises, the plaintiff craves leave to amend the plaint to include appropriate pleadings to that effect. According to the plaintiff, these amendments are necessary for determination of the real issue between the parties and will not change the character or cause of action of the case, as made out by the plaint




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