Prayer of Amendment

Court must be extremely liberal in granting prayer for amendment if Court is of view if such amendment is not allowed, party, who has prayed for such an amendment, shall suffer irreparable loss and injury. The principles governing an amendment which may be permitted even after expiry of statutory period of limitation were laid down by Privy Council in Charan Das v. Amir Khan, AIR 1921 PC 50.

The principles applicable to amendments of plaint are equally applicable to amendments of written statements. But undoubtedly, every case and every application for amendment has to be tested. 

Hon’ble Justice J.B. Pardiwala, Life Insurance Corporation of India v. Sanjeev Builders Private Limited, [Civil Appeal No. 5909 of 2022].