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    <title>1921 (1) TMI 3 - PRIVY COUNCIL</title>
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    <description>Amendment under Section 153 and Order VI Rule 17 CPC may be allowed to resolve the real controversy, but not to introduce a wholly new and independent cause of action or alter the subject-matter of the suit; on that basis, the proposed amendment was impermissible. A suit for specific performance based on the pleaded contractual refusal was also found barred by limitation because the right to sue had accrued long before institution of proceedings and the delay was fatal. The appeal therefore succeeded, the liberty to amend was set aside, and the cross-appeal for specific performance was dismissed with costs.</description>
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    <pubDate>Fri, 28 Jan 1921 00:00:00 +0530</pubDate>
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      <title>1921 (1) TMI 3 - PRIVY COUNCIL</title>
      <link>https://www.taxtmi.com/caselaws?id=298432</link>
      <description>Amendment under Section 153 and Order VI Rule 17 CPC may be allowed to resolve the real controversy, but not to introduce a wholly new and independent cause of action or alter the subject-matter of the suit; on that basis, the proposed amendment was impermissible. A suit for specific performance based on the pleaded contractual refusal was also found barred by limitation because the right to sue had accrued long before institution of proceedings and the delay was fatal. The appeal therefore succeeded, the liberty to amend was set aside, and the cross-appeal for specific performance was dismissed with costs.</description>
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      <pubDate>Fri, 28 Jan 1921 00:00:00 +0530</pubDate>
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