1976 (9) TMI 177

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....l, Y.P. Chadha and Sat Pal, for the respondent JUDGEMENT RAY, C.J. This appeal is by Special Leave from the judgment dated 8 August, 1975 of the High Court of Allahabad. The appellants are defendants and the respondent is the plaintiff in suit out of which this appeal arises. The plaintiff's suit is for a decree for ₹ 1,30,000/on the cause of action as laid in the plaint. The suit was....

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....ale through the plaintiff. The defendants/appellants approximately 3 years after the filing of the written statement made an application for amendment of the written statement. The proposed amendments were for deletion of paragraphs 25 and 26 and for substitution of two new paragraph 25 and 26. The proposed amendment in para 25 was that by virtue of the agreement the plaintiff was appointed a mer....

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....ement. The trial court said that "the repudiation of the clear admission is motivated to deprive the plaintiff of the valuable right accrued to him and it is against law." The trial court held the application for amendment to be not bonafide. The High Court on revision affirmed the judgment of the trial court and said that by means of amendment the defendants wanted to introduce an entir....

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....tion for amendment and agreed with the trial court. We are told that the defendants proposed amendments to two other paragraphs of written statement. These are paragraphs 4 and l 9 of the written statement. These amendments were also rightly rejected. For the forgoing reasons the appeal must fail. The defendants, appellants cannot be allowed to amend the written statement in the manner suggested....