MADHUSUDAN LIMITED Vs. SOUTH ASIA IND PRIVATE LIMITED

JUDGEMENT

(1.) This petition is directed against the order made by Shri O.P. Dwivedi, Sub Judge 1st Class, Delhi on the 8th of February, 1973 by which the allowed respondent No. 1's application dated the 10th of November, 1972 filed under order 6 rule 17 of the Civil Procedure Code. That Provision, is : (-)

(2.) The provision falls in two parts. The first part gives the Court the power to allow either party to alter or amend the pleadings in such manner and on such terms as may be just. If the exercise of jurisdiction is confined to that part the Court has to discuss the proposed amendments and has to support its conclusions by determining what would be just to permit the amendment or the amendments which may have been sought to be introduced.

(3.) The second part in the aforequoted provision is imperative in nature. The Court is to allow all such amendments which may be necessary for the purpose of determining the real questions in controversy between the parties. In its composition the provision requires that while dealing with the proposed amendments the Court will find for itself as to which of them are such which may be allowed to be made as a matter of necessity for determining the teal questions in controversy and which of them are those which may be properly allowed in the interest of justice and propriety to have a true and complete picture of the litigation on the record.