AIR 1984 SUPREME COURT 59 ::1984 LAB. I. C. 3 ::1984 UJ (SC) 135 ::(1984) 48 FacLR 341 ::1984 SCC (L&S) 18 ::1983 (4) SCC 516 ::(1983) 2 ServLJ 520 ::1983 2 ServLJ 520 ::1984 BLJR 207 ::1984 (1) LabLN 94

Supreme Court Of India

(From : (1980) 57 FJR 288 (Delhi))

Hon'ble Judge(s): Y. V. Chandrachud, R. S. Pathak, Sabyasachi Mukharji , JJJ

Constitution of India , Art.136— Appeal by special leave against judgment of High Court in second appeal - Leave to amend plaint seeking inclusion of new relief - Cannot be granted. Civil P.C. (5 of 1908) , O.6 R.17— Where the original reliefs claimed in the suit consisted of a decree of declaration that the proceedings taken against the appellant, an employee of a society registered under the Societies Registration Act, up to the framing of the charge were invalid and a decree for perpetual injunction restraining the respondent Society from dismissing the appellant but, in the meantime the appellant was dismissed by the society and he was aware of the order of dismissal and at no stage up to the dismissal of his second appeal by High Court did the appellant attempt to include a relief in his plaint against the order of dismissal. Held, that in an appeal by special leave the appellant could not be permitted to amend the plaint seeking to include the relief against the order of dismissal.(Para 4 6) .....