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    <title>2013 (1) TMI 738 - Delhi High Court</title>
    <link>https://www.taxtmi.com/caselaws?id=171129</link>
    <description>After commencement of trial, a plaint amendment is barred unless the applicant shows that the matter could not have been raised earlier despite due diligence. The proposed amendments here were based on facts available before trial and therefore failed the due diligence test. The attempted impleadment and amendment also sought to introduce a fresh territorial jurisdiction basis through later events, but jurisdiction is determined on the date the suit is instituted and cannot be created or altered by amendment. The order permitting amendment and impleadment was therefore set aside.</description>
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    <pubDate>Wed, 09 Jan 2013 00:00:00 +0530</pubDate>
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      <title>2013 (1) TMI 738 - Delhi High Court</title>
      <link>https://www.taxtmi.com/caselaws?id=171129</link>
      <description>After commencement of trial, a plaint amendment is barred unless the applicant shows that the matter could not have been raised earlier despite due diligence. The proposed amendments here were based on facts available before trial and therefore failed the due diligence test. The attempted impleadment and amendment also sought to introduce a fresh territorial jurisdiction basis through later events, but jurisdiction is determined on the date the suit is instituted and cannot be created or altered by amendment. The order permitting amendment and impleadment was therefore set aside.</description>
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      <pubDate>Wed, 09 Jan 2013 00:00:00 +0530</pubDate>
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