TARA V GANJU Vs. BASANT AND COMPANY

JUDGEMENT

(1.) A dispute regarding amendment of pleadings has consumed about five years time, and it is in this significant context that the matter in issued in this appeal needs to be examined in the light of the judgments of the Supreme Court and various High Courts.

(2.) It is well settled that the discretion to allow amendment of pleadings in a case which is still at the initial stages (inasmuch as even the arguments on the confirmation or otherwise of the injunction, have not yet been heard), is to be quite liberally exercised, except for those amendments which go to set up a totally new or different case, or which amount to an attempt to resile from admissions already made or amount to an abuse of the process of the Court.

(3.) The Single Judge, vide impugned judgment dated 8.9.2000, has disallowed a large number of amendments as proposed by the appellant/plaintiff. During the hearing of this appeal, the counsel for the appellant/plaintiff submitted a list of proposed amendments in respect of which alone the appellant is now pressing for relief at the present appellate stage, thereby indicating that the other amendments, which though period for in the original amendment application, and though dealt with by the learned Single Judge, yet need not detain us while hearing and disposing of the present appeal.