Advocates:
BISHAN NARAIN, HARBANS SINGH, K.L.Mehta, S.C.Manchanda, S.K.MEHTA

Based on the provided legal document, here are the key points regarding the amendment of pleadings and the power of the court:

• The power to grant amendment of pleadings is not governed by narrow or technical limitations; rules of procedure are intended to serve as a handmaid to the administration of justice (!) (!) .
• A party cannot be refused just relief merely due to mistake, negligence, inadvertence, or infraction of procedure rules, provided the amendment can be made without injustice to the other side (!) (!) .
• Leave to amend is generally granted unless the court is satisfied the applicant was acting mala fide or caused irreparable injury to the opponent that costs cannot compensate (!) (!) .
• The distinction exists between a suit by a nonexistent person (a nullity, which cannot be amended) and a suit involving a misdescription of existing persons (which should be amended) (!) .
• In cases involving misdescription of parties necessary to determine the controversy, amendments may be allowed at any time (!) .
• If a suit is instituted in the name of a firm or business that is merely a misdescription of the actual plaintiffs (e.g., partners or family members), it is not a nullity but a plaint with a defective description, allowing for amendment under Section 153 of the Civil Procedure Code (!) .
• It is not a mandatory rule that an application for amendment must expressly aver that the error was due to a bona fide mistake; the court has inherent power to grant leave regardless of such specific averment (!) .
• When an amendment corrects a misdescription of the plaintiff, no question of limitation arises; the suit is deemed to have been instituted in the name of the real plaintiff on the original date of institution (!) (!) .
• Courts should allow amendments necessary to assist in determining the real question in controversy between the parties, unless permitting them would result in injustice (!) .