https://www.taxtmi.com/caselaws?id=289218 Amendment of a plaint may be permitted under Order 6 Rule 17 CPC where it is necessary to decide the real controversy and does not alter the underlying cause of action. Converting an individual suit into one in a representative capacity, or impleading a brother as co-plaintiff, was treated as consistent with the same claim because the basic facts and relief remained unchanged. The court also noted that prior knowledge of the facts, possible loss of a limitation defence, delay, negligence, or even inaccurate statements in the amendment request do not justify refusal if no legal prejudice or injustice is caused to the other side. The refusal order was set aside. en-us Thu, 02 Dec 1954 00:00:00 +0530 Tue, 21 Jul 2020 10:01:07 +0530 TaxTMI RSS Generator https://www.taxtmi.com/caselaws?id=289218 Amendment of a plaint may be permitted under Order 6 Rule 17 CPC where it is necessary to decide the real controversy and does not alter the underlying cause of action. Converting an individual suit into one in a representative capacity, or impleading a brother as co-plaintiff, was treated as consistent with the same claim because the basic facts and relief remained unchanged. The court also noted that prior knowledge of the facts, possible loss of a limitation defence, delay, negligence, or even inaccurate statements in the amendment request do not justify refusal if no legal prejudice or injustice is caused to the other side. The refusal order was set aside. Case-Laws Indian Laws Thu, 02 Dec 1954 00:00:00 +0530 https://www.taxtmi.com/caselaws?id=289218