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2004 (8) TMI 716 - SUPREME COURTChallenged the rejection of an application for amendment of the plaint by the Trial Court and the subsequent dismissal of the Revision Petition by the High Court on the grounds of belated filing and introduction of a different relief than originally sought - HELD THAT:- The jurisdiction to allow or not allow an amendment being discretionary the same will have to be exercised in a judicious evaluation of the facts and circumstances in which the amendment is sought. If the granting of an amendment really subserves the ultimate cause of justice and avoids further litigation the same should be allowed. There can be no straight jacket formula for allowing or disallowing an amendment of pleadings. Each case depends on the factual background of that case. Factually in this case, in regard to the stand of the defendant that the declaration sought by the appellants is barred by limitation, there is dispute and it is not an admitted fact. While the learned counsel for the defendant-respondents pleaded that under Entry 58 of the Schedule to the Limitation Act, the declaration sought for by the appellants in this case ought to have been done within 3 years when the right to sue first accrued, the appellant-plaintiff contends that the same does not fall under the said Entry but falls under Entry 64 or 65 of the said Schedule of the Limitation Act which provides for a limitation of 12 years, therefore, according to them the prayer for declaration of title is not barred by limitation, therefore, both the courts below have seriously erred in not considering this question before rejecting the prayer for amendment. In such a situation where there is a dispute as to the bar of limitation this Court in the case of Ragu Thilak D. John Vs. S. Rayappan & Ors.[2001 (1) TMI 992 - SUPREME COURT]. The Supreme Court allowed the appeals, setting aside the orders of the lower courts and permitting the requested amendment to the plaint. The Court emphasized the importance of considering the facts and circumstances of each case, particularly when issues such as limitation are in dispute, to ensure the ultimate cause of justice is served.
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