https://www.taxtmi.com/caselaws?id=22761 Amendment of plaint under Order VI Rule 17 CPC was permitted to add a plea based on the Benami Transactions (Prohibition) Act, 1988, because that statutory ground was unavailable when the suit was originally filed. The court held that the proposed pleading introduced only an additional basis for relief and did not create a new cause of action or a new case. Applying the settled test that amendments should be allowed when they are necessary to decide the real controversy and the other side can be compensated by costs, the amendment was allowed and the amended plaint was directed to be taken on record after payment of costs. en-us Wed, 31 Oct 1990 00:00:00 +0530 Wed, 25 Dec 2019 17:57:00 +0530 TaxTMI RSS Generator https://www.taxtmi.com/caselaws?id=22761 Amendment of plaint under Order VI Rule 17 CPC was permitted to add a plea based on the Benami Transactions (Prohibition) Act, 1988, because that statutory ground was unavailable when the suit was originally filed. The court held that the proposed pleading introduced only an additional basis for relief and did not create a new cause of action or a new case. Applying the settled test that amendments should be allowed when they are necessary to decide the real controversy and the other side can be compensated by costs, the amendment was allowed and the amended plaint was directed to be taken on record after payment of costs. Case-Laws Benami Property Wed, 31 Oct 1990 00:00:00 +0530 https://www.taxtmi.com/caselaws?id=22761