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2015 (9) TMI 195 - HC - CustomsAmendments to petition Cancellation of Importer-Exporter Code no. Certain disputes arose between respondent and STC STC filed summary suits for recovery against respondent against which petition was filed Meanwhile Addl. DGFT issued Show Cause Notice to respondent for having prima facie violated provisions of Foreign Trade (Development and Regulation) Act, 1992 and was called upon to show cause why its Importer- Exporter Code No.(IEC) should not be cancelled Pursuant to which respondent sought amendment in prayer clause of petition for adding Show Cause Notice which was allowed Held that:- clear by proposed amendment that nature of petition gets substantially and materially altered and changed from original writ petition Amendments which seek to add entirely new cause of actions which virtually amount to substitution of new plaint or new cause of action in place of what was originally there, would normally be refused by Court Hence, principles regarding amendment of pleadings as provided in CPC would be guiding factor while adjudicating applications for amendment in writ petition Amendment now sought by respondent has effect of changing entire writ petition substantially New facts and issues are being added to petition Amended petition would virtually tantamount to substitution of altogether new case when compared to original case It is appropriate that respondent challenges Show Cause Notice in different proceedings and not mix up facts and submissions Appeal allowed.
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