AIR 2008 SUPREME COURT 2234 (From: Delhi)
Civil Appeal No. 1893 of 2008 (arising out of SLP (C) No. 6892 of 2007),
D.11-3-2008.
Chander Kanta Bansal v. Rajinder Singh Anand.
(A) Civil P. C. (5 of 1908), O. 6, R. 17, Proviso Amendment of pleadings Liberal principles guide exercise of discretion in allowing amendment But care should be taken to see that injus- tice and prejudice of an irremediable character are not inflicted upon opposite party under pretence of amendment.
(B) Civil P. C. (5 of 1908), O. 6, R. 17, Proviso – Amendment of pleadings Reason for adding proviso is to curtail delay and expedite hearing of cases.
(C) Civil P. C. (5 of 1908), O. 6, R. 17, Proviso-Amendment of pleadings-Due diligence Suit for mandatory injunction restraining defendant from obstruct- ing lane in suit property Defendant – seeking amendment of written statement to file partition agreement after closure of evidence – Defendant did not mention about agreement at time of her evidence By filing same she wanted to retract what she pleaded in written statement- She failed to substantiate inordinate de- lay in filing application Amendment cannot be allowed.