Court : Allahabad
Decided on : Oct-11-2013
..... us, there was a similar defect in the plaint, and the trial judge refused to allow the plaint to be amended on the ground that the period of limitation for a suit under o. xxi, r.103 of the code of civil procedure, had expired. the learned judges of the high ..... civil procedure must be understood in the limited sense as meaning the final hearing of the suit, examination of witnesses, filing of documents and addressing of arguments. as noted hereinbefore, parties are yet to file their documents, we do not find any reason to reject the application for amendment of the written statement in view of proviso to order 6 rule 17 cpc ..... filing of the amendment application. the first ground was that there was considerable delay in filing the amendment application which has been rejected by the supreme court. the second ground it appears is that in the amendment application an additional plea by way of additional ..... there was no inconsistency in the case of the plaintiff and the objection that the amendment was barred by limitation was also rightly rejected by the courts below. paragraph 22 of the said judgment can also be examined closely inasmuch as the supreme court therein was dealing ..... "63. on critically analysing both the english and indian cases, some basic principles emerge which ought to be taken into consideration while allowing or rejecting the application for amendment: (1) whether the amendment sought is imperative for proper and effective adjudication of the case; (2) whether the .....Tag this Judgment!