Chander Kanta Bansal V.

Rajinder Singh Anand, AIR 2008 SC 2234

The Hon'ble Supreme Court held that amendments may be allowed liberally but it should not cause
injustice or prejudice of an irremediable nature to the other party. On one hand, where allowing
amendments seems just and reasonable there have been cases in which the parties have sought to
make Amendments with malafide intent, at a belated stage, in the proceedings, so as to either
bring a time-barred cause of action within the statute of limitation or to expand the scope of the
said matter which would otherwise be a distinct and separate cause of action. Hence, over a
period of time, various judgements have been passed wherein the amendments, even though as a
principle being generally permitted, have been rejected in the interest of justice.

Modi Spinning and Weaving Mills Co. Ltd. v. Ladha Ram and Co 1977 AIR 680, 1977 SCR (1) 728

Supreme Court held that the defendant cannot be allowed to change completely the case made in
certain paragraphs of the written statement and substitute an entirely different and new case.

Where several opportunities are given to parties to apply for amendment of pleadings. But they
failed to make an application.