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1974 (7) TMI 117 - SC - Indian LawsWhether the order is a judgment within the meaning of clause 15 of the Letters Patent it has to be found out that the order affects the merits of the action between the parties by determining some right or liability? Whether there has been a determination of any right or liability? Held that:- Appeal dismissed. The amendment order is not purely of discretion. Even with regard to discretionary orders the appellate court can interfere where the order is insupportable in law or is unjust. The High Court considered the second application for amendment to be a new claim based on the new set of facts which became barred on the date of the application for amendment. In exceptional cases an amendment has been allowed where the effect is to take away from a defendant a legal right which has accrued to him by lapse of time, because the court found that consideration of lapse of time is out weighed by the special circumstances of the case. The High Court rightly found that there were no special circumstances to entitle the appellant to introduce by amendments such claim.
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