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    <title>1950 (2) TMI 10 - CALCUTTA HIGH COURT</title>
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    <description>A plaint amendment should be allowed where it is necessary to determine the real controversy between the parties, and refusal cannot stand merely because the amended case may later fail on evidence. The court held that a discretionary refusal of amendment may be corrected in revision or supervisory jurisdiction when the discretion has been improperly exercised. On that basis, the order refusing amendment was set aside, the plaint was directed to be amended, and the matter was remitted for further proceedings, with leave to the defendants to amend their written statements.</description>
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    <pubDate>Fri, 03 Feb 1950 00:00:00 +0530</pubDate>
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      <title>1950 (2) TMI 10 - CALCUTTA HIGH COURT</title>
      <link>https://www.taxtmi.com/caselaws?id=197528</link>
      <description>A plaint amendment should be allowed where it is necessary to determine the real controversy between the parties, and refusal cannot stand merely because the amended case may later fail on evidence. The court held that a discretionary refusal of amendment may be corrected in revision or supervisory jurisdiction when the discretion has been improperly exercised. On that basis, the order refusing amendment was set aside, the plaint was directed to be amended, and the matter was remitted for further proceedings, with leave to the defendants to amend their written statements.</description>
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      <pubDate>Fri, 03 Feb 1950 00:00:00 +0530</pubDate>
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