Amendment of Plaint -- Application After Delay -- Applicability of Amended Proviso
Where an application for amendment of plaint was rejected solely on the ground of delay in filing, such rejection is not sustainable when the suit itself was filed in the year 1997, i.e., prior to the amended proviso to Order 6 Rule 17 CPC coming into force. The amended proviso to Order 6 Rule 17 CPC would not apply to suits instituted before the said amendment, and therefore the restriction imposed by the amended proviso cannot be invoked against such suits. Further, where the proposed amendment does not alter the nature of the suit and the relief sought in substance remains the same, the amendment ought to be allowed--Civil Procedure Code, 1908--Order 6 Rule 17.
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