(A) Civil Procedure Code, 1908 Order VI Rule 17–Amendment of Pleadings–Due Diligence–Rejection of Amendment–
Held–That, due diligence must be determined based on the facts of each case and that merely filing the application at a belated stage is not a ground to reject it if no prejudice is caused to the opposing party. (Para 22)
(B) Civil Procedure Code, 1908 Order VI Rule 17–Amendment of Pleadings–Scope & Permissibility–The proposed amendment was limited to the prayer clause and correction of a typographical error regarding the date of the sale deed, which was already on record and exhibited as Ex. PW-1/A–Held–That, the plaintiffs were not introducing a new case but were merely refining their claim based on an existing document–Amendment application allowed subject to costs of Rs. 5,000 payable to the defendant–Petition allowed. (Para 24)