Back
NEENA BANSAL KRISHNA
D Pauls Travel & Tours Limited – Appellant
Versus
Jamal Siddiqui – Respondent
JUDGMENT (Oral)
I.A 4038/2024(under Section 151 CPC on behalf of the defendants for Condonation of Delay of 29 Days in filing Reply to I.A 25805/2023)
1. An application has been filed on behalf of the defendant for Condonation of Delay of 29 days' in filing the reply to I.A.25805/2023.
2. It is submitted that the application has already been allowed by the learned Joint Registrar.
3. The application is accordingly disposed of.
I.A. 25805/2023 (under Order VI Rule 17 CPC on behalf of the plaintiff seeking Amendment in the Plaint)
4. An application has been filed under Order VI Rule 17 of the Code of Civil Procedure, 1908 (hereinafter referred to as "CPC, 1908") on behalf of the plaintiff to amend the plaint.
5. It is submitted in the application that the plaintiff has sought to amend the Title of the plaint to delete "Specific Performance" and to substitute it with the suit for "Recovery of Possession, Arrears of Rent, Mesne Profits and Damages". The plaintiff has consequently sought amendment in paragraph 1(a) to delete the claim for Specific Performance.
6. The plaintiff intends to add paragraph 14(a) to incorporate events that have occurred subsequent to filing of the plaint. The plainti
The court emphasized the importance of allowing the proposed amendments on account of the subsequent event of service of Notice of Termination and noted that the defendants could raise their objectio....
The law of amendment is liberal, and the Court has the discretion to allow an amendment if it serves the ultimate cause of justice and avoids further litigation.
The main legal point established in the judgment is that an amendment seeking to introduce a time-barred claim and lacking due diligence after the trial has commenced cannot be allowed.
Section 22 of the Specific Relief Act permits amendments to include claims for refund of earnest money at any stage, overriding limitations in the CPC.
The court affirmed that amendments to pleadings should be liberally granted to serve justice, particularly when the cause of action arises from recent developments, like the dismissal of a related ci....
An indispensable Tool for Legal Professionals, Endorsed by Various High Court and Judicial Officers
Please visit our Training & Support
Center or Contact Us for assistance
Scan Me!
India’s Legal research and Law Firm App, Download now!
For Daily Legal Updates, Join us on :
Back to top
