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Amendment of plaint in appeal : u/o 6 r 17 of CPC. when proposed amendment not having effect of making out a new case amendment sought of way of additional pleadings and an additional / alternative relief for recovery of possession. Dominant purpose purpose of allowing an amendment is to minimize the litigation. The power of the courts to grant a prayer for amendment is quite wiide and it can be exercised at any stage of the proceedings while it is true that amendment cannot be claimed a a matter of rught and in all circumstance, the general rule is that the courts should be liberal while daling with amendment applications.
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Category Civil Law, Other Articles by - adv. rajeev ( rajoo )