TMI Blog2023 (1) TMI 444X X X X Extracts X X X X X X X X Extracts X X X X ..... ded suit and not the amended suit. Such misunderstanding of the tenet of the order of the Supreme Court is laudable as it is beyond any doubt that the expression suit includes the suit with the amendment, if carried out subsequently, as the amendment, if allowed, relates back to the date of the institution of the suit unless the Court expressly indicated not to be so. The doctrine of relation back is the uniform rule in the case of amendment unless interdicted by an order of the Court. We have no hesitation in our mind that the word suit contained in the order of the Supreme Court cannot be given a restrictive meaning as it would go against the spirit of the law relating to the amendment of the pleading. It is also beyond cavil of do ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... e merit of the said appeal bearing in mind that the Court must encourage the adjudication on merit rather than dismissing on technical grounds. The meritorious matter should not be dismissed on the anvil of the litigant approaching the Court belatedly, more particularly, when the delay is attributable in respect of the Union of India although they are not privileged litigant. The procedural hazards sometimes impede the prompt decision. Be that as it may, we decided to hear out the appeal itself as the same can be conveniently disposed of without calling for the records or inviting the paper book to be filed as the decree challenging the instant appeal is passed ex parte. Admittedly, the defendant who chose to file the appeal cannot put h ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... lant herein to pay a sum of Rs.39,79,673/- towards the interest calculated at the rate of 18 percent in terms of the averment made in paragraph 42 of the said petition. The said application was taken up by the Single Bench on 15th July, 2015 and ultimately dismissed the same as such relief cannot be decided on affidavit evidence. It was thus observed: At the time of entering into a fresh lease agreement, it was open for the plaintiff to insist for payment of interest on the arrears as a condition precedent for entering into the fresh lease agreement. Now that a fresh lease agreement has been entered into, it would be difficult for the plaintiff at this stage to claim the arrears unless it is established at the trial that such payment w ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... less framed in the suit cannot be decided without any evidence to be led thereupon. Such being the intention culled out from the aforesaid order, the respondent thereafter applied for an amendment of the plaint seeking to incorporate the relief in the form of an interest which was eventually allowed. The appellant did not challenge the order permitting the amendment to be carried out in the plaint. However, they chose to remain absent and did not contest the suit. Astonishingly, learned advocate for the appellant submits that the moment Supreme Court has used the expression suit it must be construed as an un-amended suit and not the amended suit. Such misunderstanding of the tenet of the order of the Supreme Court is laudable as it is ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... the plaint, the evidence adduced in respect thereto and cannot be allowed to bring the foreign elements. We find that by virtue of an amendment, the relief in this regard was incorporated and the trial Court finds that the plaintiff/respondent has been able to prove such claim and, in fact, granted relief in their favour which cannot be said to be per se illegal nor beyond the scope of the suit. We, thus, do not find any merit in the instant appeal. However, we find that the purpose of filing such belated appeal is to secure the delay in disposal of the execution proceeding and for that we feel that it is a fit case where we should impose costs. Accordingly, the appeal is dismissed with costs assessed at Rs. 1 lakh. - - TaxTMI - ..... X X X X Extracts X X X X X X X X Extracts X X X X
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