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1984 Supreme(Ori) 129

R.C.PATNAIK
PUNA BEWA – Appellant
Versus
DINABANDHU – Respondent


Advocates Appeared:
B.PATNAIK, P.C.PATNAIK, P.K.MOHANTY

R. C. PATNAIK, J.


( 1 ) THIS revision is directed against an order rejecting the petitioners' application for amendment of the plaint.

( 2 ) THE original plaintiff died and the petitioners were substituted by order dated 11-3-80. They put in an application for amendment of the plaint by way of correction of the description of property, that is by way of change of plot numbers and area. Certain alterations consequential to substitution were also prayed for.

( 3 ) THE learned Munsif upheld the objection of the defendants-opposite parties and rejected the prayer. The sole ground was that the suit was of the year 1977 and the written statement was filed in 1978. The prayer for amendment was made two years thereafter.

( 4 ) THE order is unsupportable. It has been repeatedly impressed upon the subordinate courts that O. 6, R. 17 of the Code of Civil Procedure is in widest terms, the object being ends of justice. Embargo has been put by judicial decisions to prevent gross injustice to the other side and to nab manoeuvring parties and mala fide attempts. It is unnecessary to dilate under what circumstances an attempt to amend the pleadings would result in gross injustice to other side o

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