It then said It is on the basis of these averments that title of the suit is sought to be changed from M s. Ganesh Trading Company, Karnal, through Shri Jai Parkash son of Shri Hari Ram, resident of Railway Road, Karnal, to dissolved firm, through Shri Jai Parkash son of Shri Hari Ram, resident of Railway Road, Kamal, ex partner of the said firm.
Appeal by Special Leave from the Judgment and Order dated 20th April, 1977 of the Punjab and Haryana High Court in Civil Revision No.
CIVIL APPELLATE JURISDICTION Civil Appeal No.
The High Court had relied on A. K. Gupta Sons Ltd. v. Damodar Valley Corporation.
B. Lal for the Respondent.
M. Tarkunde and O. P. Verma or the Appellant.
Procedural law is intended to facilitate and number to obstruct the companyrse of substantive justice.
It examined the new averments relating to the shares of the partners and the execution of the deed of dissolution of the firm on 15th July 1973.
On a Revision application before the High Court, the High Court observed The suit originally instituted was filed on behalf of a firm through one of the partners in the amendment prayed for, a new claim is being sought to be laid on the basis or new facts.
1338 of 1977.
The Trial Court had refused to allow the amendment by its order dated 8th April 1975, on the ground that it amounted to the introduction of a new cause of action.
The Judgment of the Court was delivered by BEG, C.J. This appeal by special leave indicates how, despite the settled practice of this Court number to interfere, as a general rule, with orders of an interlocutory nature, such as one on an application for the amendment of a plaint, this Court feels companypelled, in order to promote uniform standards and views on questions basic for a sound administration of justice, and, in order to prevent very obvious failures of justice, to interfere even in such a matter in a very exceptional case such as the one number before us seems to us to be.
508 of 1975.
