BOMBAY HIGH COURT
M. S. Deshpande, J.
Bachhraj Factories Pvt. Ltd. v. Paramsukhdas and Others
| Table of Content |
|---|
| 1. challenge to amendment order. (Para 1) |
| 2. discussion on duty of plaintiff in amendments. (Para 2 , 3) |
| 3. court's guidance on amendments. (Para 4 , 5) |
| 4. final decision and costs imposed. (Para 6) |
1. The applicant, who was defendant No. 1 before the trial Court, challenges the order dated 11-7-1988 by which the trial Court permitted the plaintiff to incorporate in the plaint the portions which were to be introduced by the amendments allowed on 27-2-1970 and 1-9-1987. By the first amendment, certain portions were to be incorporated in the plaint, and by the second, the names of the legal representatives of the deceased third defendant were to be brought on record. The amendments were not incorporated in the plaint within fourteen days of the order, and. an application came to be made nearly 17 years, after the first order for amending the plaint. The correctness of the orders allowing amendments has not been challenged and the only grievance of the applicant is that the power of carrying out the amendment under O.6, R.18, Civil Procedure Code should not have been exercised, when there was a gross delay of nearly 17 years in incorporating the amendment as per order date
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