1990 (10) TMI 45

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.... by the plaintiff, the plaintiff/petitioner seeks to amend the plaint by incorporating certain amendments in the plaint mentioned by him in the application. These amendments have been necessitated by passing of an Act by Parliament known as "Benami Transactions (Prohibition) Act, 1988," (hereinafter referred to as the Act). In substance, the plaintiff wants to raise an additional ground in the pla....

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....ept his contentions. Since, at the time of filing of the suit, the Act was not enacted by Parliament and in fact it never existed, such an amendment in the plaint could not be visualised by the plaintiffs at that stage while drafting the plaint. The amendment sought for by the plaintiffs in the application incorporates only an additional ground in a suit and does not introduce a new cause of actio....