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2016 (10) TMI 812 - HC - VAT and Sales TaxLiability of petitioner in respect of a firm M/s. Industrial Engineering Corporation,Railway Station Road, Thrissur - petitioner stated that he was a partner of the said firm and later on denied to have any connection with the firm - Amendment to the affidavit to admit the liability - Held that:- The affidavit even admittedly filed in the year 2014. It is immediately after filing of the affidavit answer to the interrogatories that the present application for amendment has been filed by the petitioner when he came to know about the liability in respect of which he has been proceed with. It is true that the affidavit in connection with the interrogatories was submitted on 16.6.2014 but the amendment was filed in December, 2014. It cannot be said that there was undue delay in fling the application for amendment. Further the amendment sought for is only clarificatory in nature and it cannot be said that new cause of action has been arisen for that purpose or new case has been introduced. By virtue of adding of the relief also that is not going to affect the structure of the suit as such as his case as a whole was that he was not liable to pay any amount to the department. Further, the amendment will only help the court to decide the case in a right manner and that is required for proper adjudication of the case as well. - Amendment allowed subject to the payment of ₹ 5000/- to the Kerala Station Mediation Centre.
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