Amendment of pleadings

Amendment of pleadings after limitation period

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As pointed out by Supreme Court in Gupta & Sons v. Damodhar Valley Corporation, AIR 1967 SC 96, where the amendment does not constitute the addition of a new cause of action or raise a different case, but amounts merely to a different or additional approach to the same facts, the amendments is to be allowed even after expiry of the statutory period of limitation.

In this leading judgment the Supreme Court has also observed—

“The object of Courts and rules of procedure is to decide the rights of parties and not to punish them for mistake. Further, a party is strictly not entitled to relief on the statute of limitation when what is sought to be brought in by the amendment can be said in substance to be already in the pleadings sought to be amended.

Even though the decision cited above would clearly show that the amendment sought to be made is subject to the law of limitation, if the cause of action is not going to be changed and in anything happens after filing the suit, it is open to the affected party to take necessary steps for amendment of the plaint.

No doubt, no amendment will be allowed to introduce a new set of ideas to the prejudice of any right acquired by any party of lapse of time.”

On the above laid principles, it is clear that amendment can be allowed at any point of time, provided the same is not barred by limitation and further provided it does not change the original cause of action or the case.

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