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Delay is no ground for refusing

SANJAY DIXIT ,
  17 June 2008       Share Bookmark

Court :
Supreme Court of India
Brief :

Citation :
Andhra Bank v. ABN Amro Bank N.V. & Ors (Civil Appeal No. 2946 of 2007) decided on 10 July, 2007


While allowing the prayer for amendment of the written statement by setting aside the order of Special Court (Trial of offences relating to Transactions in Securities) the Court observed thus:
(i) delay is no ground for refusal of prayer for amendment.
(ii) while allowing an application for amendment of the pleadings, the court cannot go into the question of merit of such amendment.
(iii) the only question at the time of considering the amendment of the pleadings would be whether such amendment would be necessary for decision of the real controversy between the parties in the suit.



 
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Published in Civil Law
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