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On the basis of the different judgments, it is settled that which of the following principles should be kept in mind in dealing with the applications for amendment for the pleading?
I. All amendments should be allowed which is necessary for determination of the real controversies in the suit
II. The proposed amendment should not alter and be a substitute of the cause of action on the basis of which the original list was raised
III. Inconsistent and contradictory allegations in negation to the admitted position of facts or mutually destructive allegations of facts would not be allowed to be incorporated by means of amendments
IV. Proposed amendments should not cause prejudice to the other side which cannot be compensated by means of costs
V. Amendment of a claim or relief barred by time should not be allowed
VI. No amendment should be allowed which amounts to or results in defeating a legal right to the opposite party on account of lapse of time
VII. No party should suffer on account of the tech¬nicalities of the law and the amendment should be allowed to minimise the litigation between the parties
VIII. The delay in filling the petitions for amendment of the pleadings should be properly compensated by costs
IX. Error or mistake, which is not fraudulent, should not be made to the ground for rejecting the application for amendments of pleadings
I, II, IV, VII
III, IV, V, VIII
II, V, VII, IX
All of these
- Statement I: Allow amendments essential for addressing real controversies in the suit.
- Statement II: Amendments should not replace the original cause of action.
- Statement III: Avoid amendments with contradictory or mutually destructive facts.
- Statement IV: Ensure amendments don't unfairly prejudice the other side without compensation.
- Statement V: Don't allow amendments for claims or reliefs barred by time.
- Statement VI: Avoid amendments that defeat the opposite party's legal right due to time lapses.
- Statement VII: Amendments should reduce litigation and not be hindered by technicalities.
- Statement VIII: Delays in filing amendments should be offset by costs.
- Statement IX: Non-fraudulent errors/mistakes shouldn't block amendment applications.
Options analysis:
- Option 1 is valid but doesn't cover all principles.
- Option 2 focuses on specific but not exhaustive principles.
- Option 3 is too narrow and misses several principles.
- Option 4 encompasses all principles and is comprehensive.
By: santosh ProfileResourcesReport error
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