https://www.taxtmi.com/caselaws?id=173395 An appellate court cannot permit an amendment that introduces a wholly new case of fraud when the original plaint pleaded only mala fides, nor direct additional evidence or a virtual retrial without a proper basis under the Code of Civil Procedure. The statutory scheme under the Bombay Municipal Corporation Act, 1888, providing notice, objections, confirmation, publication, and appeal by any person aggrieved, was held to be valid and a reasonable restriction in the public interest. Tenants were included within "person aggrieved," so they could object and appeal, but once the clearance order was confirmed and published, a separate suit to challenge it was barred. en-us Thu, 01 Oct 1964 00:00:00 +0530 Tue, 15 Sep 2015 10:19:06 +0530 TaxTMI RSS Generator https://www.taxtmi.com/caselaws?id=173395 An appellate court cannot permit an amendment that introduces a wholly new case of fraud when the original plaint pleaded only mala fides, nor direct additional evidence or a virtual retrial without a proper basis under the Code of Civil Procedure. The statutory scheme under the Bombay Municipal Corporation Act, 1888, providing notice, objections, confirmation, publication, and appeal by any person aggrieved, was held to be valid and a reasonable restriction in the public interest. Tenants were included within "person aggrieved," so they could object and appeal, but once the clearance order was confirmed and published, a separate suit to challenge it was barred. Case-Laws Indian Laws Thu, 01 Oct 1964 00:00:00 +0530 https://www.taxtmi.com/caselaws?id=173395