REGENT COMPUTRONICS PVT. LTD.

RATAN SINGH Appellant

V/S

RAM PRASAD Respondents

Referred Judgements :-

MAHANT GOVIND RAO V. SITA RAM KESHO [REFERRED TO]
HANUWANT SINGH RAWAT V. RAJPUTANA AUTOMOBILES,AJMER [REFERRED TO]
L.J.LEACON & CO. LTD. V. JARDINE SKINNER & CO. [REFERRED TO]
TROJAN AND COMPANY VS. RM N N NAGAPPA CHETTIAR [REFERRED TO]
PIRGONDA HONGONDA PATIL VS. KALGONDA SHIDGONDA PATIL [REFERRED TO]
NANDURI YOGANANDA LAKSHMINARASIMHACHARI VS. AGASTHE SWARASWAMIVARU [REFERRED TO]
LAXIMDAS DAYAHUAL KABRAWALA VS. NANABHAI CHUNILNL AABRAWALA [REFERRED TO]
ARJUN SINGH VS. MOHINDRA KUMAR [REFERRED TO]
A K GUPTA AND SONS LIMITED VS. DAMODAR VALLEY CORPORATION [REFERRED TO]
GAURI SHANKER VS. HINDUSTAN TRUST PRIVATE LIMITED [REFERRED TO]
GANGA BAI VS. VIJAY KUMAR [REFERRED TO]
PASUPULETI VENKATESWARLU VS. MOTOR AND GENERAL TRADERS [REFERRED TO]
MODI SPINNING AND WEAVING MILLS COMPANY LIMITED VS. LADHA RAM AND CO [REFERRED TO]
GANESH TRADING CO VS. MOJI RAM [REFERRED TO]
PANDIT ISHWARDAS VS. STATE OF MADHYA PRADESH [REFERRED TO]
UNION OF INDIA VS. SURJIT SINGH ATWAL [REFERRED TO]
MULK RAJ BATRA VS. DISTRICT JUDGE DEHRA DUN [REFERRED TO]
VINEET KUMAR VS. MANGAL SAIN WADHERA [REFERRED TO]
JAGDISH SINGH VS. NATTHU SINGH [REFERRED TO]
MUNI LAL VS. ORIENTAL FIRE AND GENERAL INSURANCE COMPANY LIMITED [REFERRED TO]
G NAGAMMA VS. SIROMANAMMA [REFERRED TO]
G NAGAMMA VS. SIROMANAMMA [REFERRED TO]
RADHIKA DEVI VS. BAJRANGI SINGH [REFERRED TO]
B K N PILLAI VS. P PILLAI [REFERRED TO]
RAGU THILAK D JOHN VS. RAYAPPAN [REFERRED TO]
VISHWAMBHAR VS. LAXMINARAYANA DEAD [REFERRED TO]
DONDAPATI NARAYANA REDDY VS. DUGGIREDDY VENKATANARAYANA REDDY [REFERRED TO]
ESTRALLA RUBBER VS. DASS ESTATE PRIVATE LIMITED [REFERRED TO]
SIDDALINGAMMA VS. MAMTHA SHOENOY [REFERRED TO]
OM PRAKASH GUPTA VS. RANBIR B GOYAL [REFERRED TO]
FRITIZ T M CLEMENT VS. SUDHAKAR NADAR [REFERRED TO]
BHAGAVATULA GOPALAKRISHNAMURTHI VS. DHULIPALLA SREEDHARA RAO [REFERRED TO]
LADURAM VS. SHEODEV [REFERRED TO]
CHARAN DAS VS. AMIR KHAN [REFERRED TO]

JUDGEMENT

(1.) The instant revision petition has been filed against the order passed by the learned Civil Judge (Senior Division), Makrana, in Civil Suit No. 2/1996 passed on 2-9-1999 rejecting the application filed under Order VI Rule 17 of the Code of Civil Prodecure (hereinafter called "the Code") for amendment in the plaint.

(2.) The said application has been rejected giving the details of the plaint, by the learned trial Court on the ground that the facts suggested in the amendment application are already on record and on the said issues, evidence has already been led, thus, by amendment; the facts sought to be incorporated were not necessary to determine the real controversy in issue between the parties.

(3.) It is settled legal proposition that amendment in the pleadings may generally be allowed and the amendment may also be allowed at a belated stage. However, it should not cause injustice or prejudice to the other side. The amendment sought should be necessary for the purpose of determining the real question in controversy between the parties. Application for amendment may be rejected if the other party cannot be placed in the same position as if the pleadings had been originally correct, but the amendment would cause him injury which could not be compensated in terms of cost or change the nature of the suit itself as it cannot be permitted to create an entirely new case by amendment. A right accrued in favour of a party by lapse of time cannot be permitted to be taken away by amendment. Amendment can also be allowed at appellate stage. Introduction of an entirely new case, displacing even admission by a party is not permissible. (Vide P.H.Patil v. Pirgonda Hongonda Patil v. Kalgonda Shidgonda Patil & Ors.; Nanduri Yogananda Laxminarisimhachari & Ors. v. Agasthe Swarswamivaru; M/s. Modi Spinning and Weaving Mills Co. Ltd. v. M/s. Ladha Ram & Co.; Pandit Ishwardas v. State of M.P.; and Mulk Raj Batra v. District Judge, Dehradun).

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RATAN SINGH Vs. RAM PRASAD

Referred Judgements :-

JUDGEMENT

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