Order 6 Rule 17
Amendment of pleadings
HELD
Privy Council in Ma Shwe My a v. Maung Mo Hnaung, AIR 1922 PC 249 succinctly summarises the principle which may be kept in mind while dealing with the prayer for amendment of the pleadings: (IA pp. 216-17)
"All rules of court are nothing but provisions intended to secure the proper administration of justice, and it is therefore essential that they should be made to serve and be subordinate to that purpose, so that full powers of amendment must be enjoyed and should always be liberally exercised, but nonetheless no power has yet been given to enable one distinct cause of action to be substituted for another, nor to change, by means of amendment, the subject-matter of the suit."
Where amendment not likely to change the nature of matter as cause of action in infringement and passing off actions are substantially the same in law therefore proposed amendment is necessary for the purpose of determining the real matter in controversy. HELD amendment sought by the plaintiff is allowed as no prejudice is caused to the defendants in any manner.
Application, disposed of.
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