https://www.taxtmi.com/caselaws?id=299468 The proviso to Section 40 of the Specific Relief Act permits a plaintiff to seek damages in addition to or in substitution for injunction, and the court may allow such a claim by amendment even at a later stage. Under Order 6 Rule 17 CPC, amendment is proper where it helps determine the real controversy and does not cause injustice. Because the proposed damages claim arose from the same termination of service, did not change the basic nature of the suit, and caused no surprise or prejudice at the preliminary stage, the Delhi HC allowed the amendment subject to costs. en-us Tue, 01 Aug 1989 00:00:00 +0530 Wed, 15 Dec 2021 18:08:19 +0530 TaxTMI RSS Generator https://www.taxtmi.com/caselaws?id=299468 The proviso to Section 40 of the Specific Relief Act permits a plaintiff to seek damages in addition to or in substitution for injunction, and the court may allow such a claim by amendment even at a later stage. Under Order 6 Rule 17 CPC, amendment is proper where it helps determine the real controversy and does not cause injustice. Because the proposed damages claim arose from the same termination of service, did not change the basic nature of the suit, and caused no surprise or prejudice at the preliminary stage, the Delhi HC allowed the amendment subject to costs. Case-Laws Indian Laws Tue, 01 Aug 1989 00:00:00 +0530 https://www.taxtmi.com/caselaws?id=299468