Amendment of Pleadings -- Delay in Filing Application -- Mere delay not sufficient to refuse amendment as it can be compensated in costs
(i) Civil Procedure Code, 1908, O.6 R.17 -- Amendment of Pleadings -- Delay in Filing Application -- Mere delay in making an application for amendment is not by itself sufficient ground to refuse the amendment, as such delay can be compensated in terms of costs. (ii) Civil Procedure Code, 1908, O.6 R.17 -- Amendment of Plaint -- Amendment Seeking Mesne Profits Ancillary to Main Relief -- In a suit for declaration, possession and injunction, an amendment seeking to incorporate a relief of mesne profits, being merely ancillary to the main relief already claimed, does not change the nature of the suit and is liable to be allowed.
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