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2015 (8) TMI 1407 - HC - Indian LawsIllegal mining and extraction of iron ore - permanent injunction suit - amendment sought to be introduced by para 14(B) and prayer clause (bb) - Held that:- In the present case, as indicated above, the suit is basically filed on the allegation that the petitioner is engaged in illegal mining and extraction of iron ore from property survey no.7 of village Ambelim and the relief claimed in the suit is permanent injunction against the petitioner from carrying out any such mining activity or extracting the iron ore, or from removing or transporting the same The normal rule would be that the Court may at any stage of the proceeding may allow either party to alter or amend his pleadings,when such amendments may be necessary for the purpose of determining the real question in controversy between the parties. Thus the proviso can come into play only, when the Court comes to the conclusion that the party has not approached the Court with due diligence. The proviso would not come in the way of grant of amendment when the Court finds that inspite of due diligence, the party could not have raised the matter before the commencement of the trial. The proviso in fact aims at balancing the conflicting considerations for expeditious disposal of the suit on one hand and a genuine need of a party to effect amendments. Coming back to the present case, the proposed amendment as noticed earlier is only an amplification of the pleadings already on record in which there are some subsequent developments and the quantification of the damages. As noticed earlier, it is claimed that the iron ore which was already extracted was removed in the interregnum when the restraint placed on the petitioner was removed by this Court, while dismissing the Appeal From order and was restored when the review application came to be allowed. If that be so, it cannot be said that the third respondent had acted without due diligence.
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