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https://advocatemmmohan.com/2018/01/27/amendment-of-plaint-after-9-years-of-the-suit-trial-not-commenced-allowed-suit-for-specific-performance-after-a-period-of-about-nine-years-to-add-compensation-in-case-specific-perf/
amendment of plaint - after 9 years of the suit - trial not commenced - allowed = suit for specific performance - After a period of about nine years - to add compensation in case specific performance was not allowed, and a figure of Rs. 50,00,000/- plus Rs. 15,00,00,000/- for mental agony etc. was claimed in the proposed amendment. - Both the Bombay City Civil Court as well as the High Court have dismissed the amendment filed on the ground that there was no reason as to why such amendment was not made earlier, and as to why it was not claimed in the original plaint. = After the judgment of this Court in Salem Advocate Bar Association, T.N. vs. Union of India, (2003) 1 SCC 49 / (2005) 6 SCC 344 it is difficult to say that an amendment, which is otherwise innocuous and does not fall foul of any of the well settled parameters of disallowing amendments, should not be allowed, and, if necessary, on payment of costs. We feel that the amendment should, therefore, be allowed. We have also been informed that evidence has yet to be taken