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Supreme Court of India · body

1980 DIGILAW 94 (SC)

Rajendra Prasad v. Kayastha Pathshala, Allahabad

1980-02-20

A.C.GUPTA, R.S.PATHAK

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(1) SPECIAL leave to appeal granted. (2) DURING the pendency of :ccond appeal in the High court, the plaintiff-appellant applied for amendment of the memorandum of appeal a: well a: the plaint in view of the provision: of U.P. Secondary Education Law: Amendment Act, 1975, which came into force during the pendedcy of appeal in the High court. The High court refuged the amendment aaked for on the view that the proposed amendment would introduce a new cause of action. Having considered the facts and circumstances of the case we do not think that that would be so and in our opinion the amendment should have been allowed so that the dispute between the partics was decided finally. We, therefore, allow the appeal and remit the matter to the High Court. The High court will allow the application for amendment and proceed to dispose of the appeal in accordance with law. As the matter has been pending for a long time the High court will dispose of the appeal, if possible, within six months. There will be no order as to costs.