Daryanani V. Eastern Silk Emporium Ltd.

1963 Present: Sansoni, J., and L. B. de Silva, J.

R. J. DARYANANI, Appellant, and EASTERN SILK
 EMPORIUM LTD., Respondent

S. C. 41/61 (Inty.)-D. C. Colombo, 23,565/S

Pleadings-Application to amend plaint-Scope of power of Court to grant it- Discretion of Court-Rules of practice regarding the exercise of the discretion- Addition of a new or alternative cause of action-Permissibility-Amendment before hearing of action-Permissibility-Civil Procedure Code, ss. 46, 93.

           In the exercise of the discretion vested in Court by section 93 of the Civil Procedure Code regarding amendment of a plaint the Court should take into consideration well-established rules of practice. The rules should not be treated as though they were statutory rules or provisions of positive law of a rigid and inflexible nature. The two main rules which have emerged from the decided cases are :-

     (i) the amendment should be allowed if it is necessary for the purpose of raising the real question between the parties; and

    (ii) an amendment which works an injustice to the other side should not be allowed.

       There is no rule that only

Click Here to Read the rest of this document