https://www.taxtmi.com/caselaws?id=299470 A plaint amendment to add a damages claim in a suit for injunction is treated as mandatory under Section 40(2) of the Specific Relief Act, because the provision requires the court to allow such amendment on just terms when damages were omitted from the original plaint. The special provision prevails over the general amendment rule, so refusal of the amendment on that ground is unsustainable. The amended Order VI Rule 17 CPC introduced in 2002 does not apply retrospectively to a suit filed in 1995, but that did not change the result because Section 40(2) independently required allowance of the amendment. en-us Fri, 23 Jun 2006 00:00:00 +0530 Wed, 15 Dec 2021 18:31:43 +0530 TaxTMI RSS Generator https://www.taxtmi.com/caselaws?id=299470 A plaint amendment to add a damages claim in a suit for injunction is treated as mandatory under Section 40(2) of the Specific Relief Act, because the provision requires the court to allow such amendment on just terms when damages were omitted from the original plaint. The special provision prevails over the general amendment rule, so refusal of the amendment on that ground is unsustainable. The amended Order VI Rule 17 CPC introduced in 2002 does not apply retrospectively to a suit filed in 1995, but that did not change the result because Section 40(2) independently required allowance of the amendment. Case-Laws Indian Laws Fri, 23 Jun 2006 00:00:00 +0530 https://www.taxtmi.com/caselaws?id=299470