Revision against the order dated 24.03.2003, made in I.A.No.589 of 2002 in O.S.No.45 of 1996 on the file of Sub-Court, Hosur.

M.E.N. Patrudu, J.

1.00. REFERENCE :

1.01. The reference is as per the result of the revision.

1.02. An order rejecting an application for amendment of plaint in a civil suit is challenged before this Court by way of revision.

1.03. Hon'ble Sri Justice K.P.Sivasubramaniam, desirous to have the decision of a larger bench on the subject.

1.04. Lord Chief Justice Hon'ble Sri A.P.Shah directed to list it before us for determining the following.

2.00. ISSUES :

I. Whether an amendment of plaint seeking to claim enhancement of the amount of compensation/damages could be entertained notwithstanding the fact that the amendment is sought for beyond the period of limitation ?

II. Whether Section 40 (2) of the Specific Relief Act would apply to the facts and circumstances of the present case and if so, whether it is mandatory to allow the amendment notwithstanding the bar of limitation ?

III. Whether the constraints prescribed under the proviso to Order 6, Rule 17 CPC in the matter of entertaining application for amendment after the commencement of trial could apply e