AI Overview...
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Facts Not Impleaded Can Be Impleaded by Way of Amendments - The courts recognize that parties or facts not initially included in a suit or proceeding can be brought in through proper amendments, provided the amendments are permissible under procedural rules. For example, a successor mahant was incorrectly impleaded as a separate defendant instead of as a successor, which could be rectified via amendment M. Kuppuswami Naidu VS V. Chandrasekhar Reddi - Andhra Pradesh.
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Amendments as a Remedy for Omissions - Courts allow amendments to correct or include parties or facts that were initially omitted, ensuring justice is served. The right to amend is supported by jurisprudence, provided the amendments are relevant, timely, and do not prejudice the other party SONY GEORGE vs MATHEW ALEXANDER - Kerala.
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Maintainability of Cases After Omissions - Cases such as cheques dishonour or company-related disputes can be maintained even if certain parties (like the company) were not initially impleaded, as amendments can be made later to include them USHER AGRO LTD. VS STATE OF U. P. - Allahabad.
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Court’s Discretion and Conditions for Amendments - Courts exercise their discretion to permit amendments, considering whether the amendments are necessary, relevant, and whether they cause prejudice. For example, amendments can be allowed to include necessary parties or to correct procedural errors Partha Pratim Choudhury VS Rathindra Nath Saha @ Khokan Saha - Calcutta.
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Amendments in Proceedings and Legal Practice - Amendments are also permissible to incorporate new facts or change pleas in ongoing proceedings, provided they are made within the limits of procedural law and do not violate the principles of natural justice SONY GEORGE Vs MATHEW ALEXANDER - Kerala.
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Limitations and Restrictions - While amendments are generally allowed, they must conform to legal standards; substitution of pleas is not permitted, and amendments should not be used to introduce entirely new cases that alter the fundamental nature of the proceedings SONY GEORGE vs MATHEW ALEXANDER - Kerala.
Analysis and Conclusion:
Facts or parties initially not impleaded can be added through amendments, which are a recognized procedural remedy to ensure comprehensive adjudication. Courts emphasize that amendments should be relevant, timely, and not cause undue prejudice. The legal framework supports the liberal approach to amendments, provided procedural rules are adhered to, thus enabling justice to be served by rectifying initial omissions or errors.
Search Results for "Facts Not Impleaded can be Imeaded by Way of Amendments"
2002 0 Supreme(AP) 1096 • India - Andhra Pradesh
S.R.K.PRASAD
as defendants - Lower court shall permit parties to carry out amendments in t light of orders passed in these revision petitions ... But, he went wrong by directing succeeding matadhipathi to be impleaded as 81st respondent - He ought to have impleaded him as successor ... Court has committed a manifest error in ordering successor mahant to be impleaded as 81st defendant whereas allowing purchasers ... ... ( 19 ) THE only grievance expressed by the learned counsel for the petitioners is that they have to be im....
• India - Crimes
P.K.BALASUBRAMANYAN, G.SASIDHARAN
adjudication in Court - Test of contempt is whether publication complained of creates a risk that course of justice will be seriously impeaded ... Consent refused by Advocate -General - Maintainability of contempt petition by petitioner - Section 15 (2) of the Act does not restrict ... facts, which might induce the Court to take action on its own, in exercise of its power in that behalf. ... Biakchhawna12, wherein the Supreme Court held that when a statute indicated that the action to be taken was to be done in a particular manner, it mus....
2018 0 Supreme(All) 804 • India - Allahabad
RAJEEV MISRA
be maintainable if company on whose behalf cheque has been issued is not impleaded as an accused/opposite party in complaint. ... Delay/Limitation—Failure on part of complainant to implead company as an accused/opposite party—Effect—Held, can be subsequently impleaded—However ... Negotiable Instrument Act, 1938—Sections 141, 138—Dishonour of Cheque—Complaint—Maintainability—Complaint filed under Section 138 would not ... Act readwtih Section 141 was not impleaded as an opposite party/a....
2023 0 Supreme(Cal) 926 • India - Calcutta
SIDDHARTHA ROY CHOWDHURY
held that the additional evidence sought to be given by the plaintiff under Order 41 Rule 27 of the Code of Civil Procedure would not ... Nabaratna Club was a necessary party to the suit as it was in possession of a part of the suit property and the plaintiff could not ... So registration of club is not at all necessary to sue or to be sued. Nabaratna Club has not been impeaded as defendant. The plaintiff ought to have arrayed Nabaratna Club as one of the defendants represented by its members and Rathin....
2025 0 Supreme(Pat) 638 • India - IN THE HIGH COURT OF JUDICATURE AT PATNA
Purnendu Singh
They sought a review of a judgment invalidating the election held on 12.06.2022, which they argue was not correctly represented in ... (Paras 5, 12, 49) ... ... Facts of the case: ... Petitioners claim lack of fairness ... General, National Headquarter, Indian Red Cross Society, New Delhi within one week, so that the proposed election on 21.07.2025 many not be impeaded in any manner. ... Lalit Kishore, learned Senior Counsel informs that the necessary party, namely, Secretary General, Indian Red Cross Society, New Del....
2021 0 Supreme(Ker) 793 • India - Kerala
S.MANIKUMAR, SHAJI P.CHALY
an obligation upon the litigant to disclose the true facts and approach the court with clean hands. ... Wide jurisdiction of the court should not become a source of abuse of the process of law by the disgruntled litigant. ... Careful exercise is also necessary to ensure that the litigation is genuine, not motivated by extraneous considerations and imposes ... As we have intended to impose costs, in exercise of the powers under Article 226 of the Constitution of India, the District Collector, Kollam District, is imleaded ....
2020 Supreme(Online)(KER) 36120 • India - High Court of Kerala
We heard the learned counsel appearing on either side including some of the students who have already been impleaded in the case. The petitioners have filed statements as directed by us in our interim order dated 14/1/2020. ... However, if a fee structure has been fixed for a college in an academic year, it could have a bearing for fixing the fee structure for future years, unless there is change in circumstances, by way of income and expenditure. 17. ... Once the said orders had been set aside, it was not open for the Committee to cling ....
2020 Supreme(Online)(KER) 9712 • India - High Court of Kerala
Devan Ramachandran, J
In such view of the matter, I dispose of this Original Petition without interfering, in any manner, with Ext.P10 order; however, leaving liberty to the petitioner, as it may be available to him in law, to apply for further amendments ... He submitted that, if at all, the petitioner could have only applied for an amendment incorporating an alternate plea, but not by substituting the original plea. He thus prays that this Original Petition be dismissed and Ext.P10 be approved. ... In such perspective, even though I do not....
2019 Supreme(Online)(KER) 4331 • India - Kerala
consequent to the draft amendments made by the MCI will apply to the applicants. ... However, it is clear from the prospectus that, such an eventuality was cautioned by the respondent in the prospectus itself by making it clear that any amendments made p style="text-align ... A reply affidavit is also filed by the petitioner reiterating the stand adopted in the writ petition and raising various contentions on the basis learned counsel for petitioner is that, the amended Regulations of the MCI cannot be taken into account fo....
2020 Supreme(Online)(Ker) 51600 • India - IN THE HIGH COURT OF KERALA AT ERNAKULAM
This contention, of course, has to be tempered by the fact that the original plea can certainly be used to their advantage by the other side, but the right of the petitioner to amend the suit, to bring out an alternate plea or an additional plea, based on relevant pleaded facts can never be impeaded, ... He submitted that it is now well established, through the judgments of the Hon'ble Supreme Court and of this Court over the years, that a plea once taken cannot be substituted by another plea by way of an amendment, part....
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