In Brief
A trial court rejected the appellants' application to amend their plaint after two witnesses were examined, and the High Court upheld this rejection. The plaint sought to specify particular land identification numbers and add factual allegations about how an ex parte decree was obtained in the original suit. The Supreme Court allowed the appeal, holding that the proposed amendment, which did not change the nature of the suit, ought to be permitted. Since the original case file was untraceable, the appellants could not obtain necessary particulars earlier despite diligence. The Court emphasized that amendments should be allowed to determine the real question in dispute, provided no prejudice results to the other side."
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