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    <title>1965 (9) TMI 68 - Supreme Court</title>
    <link>https://www.taxtmi.com/caselaws?id=198815</link>
    <description>An amendment to a plaint may be allowed even where the added money claim is time-barred, if the claim arises from the same contract already pleaded in substance and does not introduce a new cause of action. The majority treated the proposed relief as an explicit formulation of a claim already embedded in the original pleading, finding that it merely amplified the existing case and enabled resolution of the real controversy. The dissent took the view that the amendment introduced a different cause of action and should be refused because the monetary claim had become time-barred. The stated operative result was that refusal to amend was set aside and the matter was remitted for consideration on the merits.</description>
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    <pubDate>Fri, 10 Sep 1965 00:00:00 +0530</pubDate>
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      <title>1965 (9) TMI 68 - Supreme Court</title>
      <link>https://www.taxtmi.com/caselaws?id=198815</link>
      <description>An amendment to a plaint may be allowed even where the added money claim is time-barred, if the claim arises from the same contract already pleaded in substance and does not introduce a new cause of action. The majority treated the proposed relief as an explicit formulation of a claim already embedded in the original pleading, finding that it merely amplified the existing case and enabled resolution of the real controversy. The dissent took the view that the amendment introduced a different cause of action and should be refused because the monetary claim had become time-barred. The stated operative result was that refusal to amend was set aside and the matter was remitted for consideration on the merits.</description>
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      <pubDate>Fri, 10 Sep 1965 00:00:00 +0530</pubDate>
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