On the basis of the different judgments it is settled that which of the following principles should ...........

Civil Procedure Code (CPC) 1908 Pleadings

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

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Explanation:

Let's break down the principles and options:

- I. It’s important to resolve real controversies within the case.

- II. Amendments must not replace the original cause of action.

- III. Inconsistent, contradictory, or mutually exclusive factual allegations shouldn't be introduced.

- IV. Proposals shouldn't unfairly prejudice the other side beyond reparable costs.

- V. Time-barred claims or requests shouldn't be added.

- VI. Amendments shouldn't extinguish an opposing party's timely legal rights.

- VII. Courts should minimize litigation by allowing necessary amendments.

- VIII. Any delay in seeking an amendment should be accounted for with costs.

- IX. Non-fraudulent mistakes shouldn't automatically prevent amendment.

Option 1: I, II, IV, VII - These focus on resolving controversies, not changing original causes, avoiding prejudice, and reducing litigation.

Option 2: III, IV, V, VIII - These focus on factual consistency, avoiding prejudice, not allowing time-barred claims, and compensatory costs for delays.

Option 3: II, V, VII, IX - These ensure the original cause is intact, avoid time-barred claims, reduce litigation, and allow non-fraudulent corrections.

Option 4: All of these - It includes all the principles, covering a wide range of situations.

Answer: Option 4 is correct. ""