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Rajendra Prasad Vs. Kayastha Pathshala, Allahabad and ors - Court Judgment

LegalCrystal Citation
SubjectCivil
CourtSupreme Court of India
Decided On
Case NumberCivil Appeal No. 428 of 1980
Judge
Reported in1981Supp(1)SCC56
AppellantRajendra Prasad
RespondentKayastha Pathshala, Allahabad and ors
Excerpt:
- [a.c. gupta and; r.s. pathak, jj.] - special leave to appeal granted. we, therefore, allow the appeal and remit the matter to the high court. the high court will allow the application for amendment and proceed to dispose of the appeal in accordance with law......provisions of u.p. secondary education laws amendment act, 1975, which came into force during the pendency of appeal in the high court. the high court refused the amendment asked for on the view that the proposed amendment would introduce a new cause of action. having considered the facts and circumstances of the case we do not think that would be so and in our opinion the amendment should have been allowed so that the dispute between the parties was decided finally. we, therefore, allow the appeal and remit the matter to the high court. the high court will allow the application for amendment and proceed to dispose of the appeal in accordance with law. as the matter has been pending for a long time the high court will dispose of the appeal, if possible, within six months. there will be.....
Judgment:

A.C. Gupta and; R.S. Pathak, JJ.

1. Special leave to appeal granted.

2. During the pendency of second appeal in the High Court, the plaintiff-appellant applied for amendment of the memorandum of appeal as well as the plaint in view of the provisions of U.P. Secondary Education Laws Amendment Act, 1975, which came into force during the pendency of appeal in the High Court. The High Court refused the amendment asked for on the view that the proposed amendment would introduce a new cause of action. Having considered the facts and circumstances of the case we do not think that would be so and in our opinion the amendment should have been allowed so that the dispute between the parties was decided finally. We, therefore, allow the appeal and remit the matter to the High Court. The High Court will allow the application for amendment and proceed to dispose of the appeal in accordance with law. As the matter has been pending for a long time the High Court will dispose of the appeal, if possible, within six months. There will be no order as to costs.


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