AIR 1960 CALCUTTA 521

Calcutta High Court

Hon'ble Judge(s): U. C. Law , J

Letters Patent (1865) (Cal) , Cl.12— Suit filed with leave under Cl.12 - Court has power to allow only formal amendments of plaint - Amendment seeking to alter original cause of action or to add new cause of action cannot be allowed. In a suit which is filed with leave under Cl. 12 of the Letters Patent, only formal amendments or other reasonable amendments can be allowed, provided the amendment sought, does not affect the jurisdiction assumed by the Court originally, by grant of leave to sue under Clause 12 prior to the filing of the suit, in any way, either by adding to or altering the original cause of action as pleaded in the plaint.(Para 23) However expedient it may be for the purpose of determining the question in controversy in the suit or for avoiding multiplicity of suits or for other good reasons, no amendment seeking to alter the original cause of action or seeking to add a new cause of action can be allowed by court in such a suit for the simple reason that the question involved is not one of procedure but of jurisdiction. The language of Cl. 12, Letters Patent, is clear and unambiguous and the provisions therein contained are mandatory. In these cases the Court is powerless and leave if granted in such cases would be in excess of the powers of the Court and would not confer any jurisdiction upon it to receive, try ....