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CA/10204/2008 2/ 2 ORDER
IN
THE HIGH COURT OF GUJARAT AT AHMEDABAD
CIVIL
APPLICATION No. 10204 of 2008
In
SPECIAL
CIVIL APPLICATION No. 5586 of 2007
=========================================================
PRAFULCHANDRA
CHHOTALAL TANNA - Petitioner(s)
Versus
STATE
OF GUJARAT & 3 - Respondent(s)
=========================================================
Appearance
:
MR
ASIT B JOSHI for
Petitioner(s) : 1,
Ms. Asmita Patel, Asstt.GOVERNMENT PLEADER for
Respondent(s) : 1 -
4.
=========================================================
CORAM
:
HONOURABLE
MR.JUSTICE RAJESH H.SHUKLA
Date
: 01/09/2008
ORAL
ORDER
Heard
learned advocate Mr.Joshi for the petitioner and learned AGP Ms.
Asmita Patel for respondents.
Present
Civil Application has been filed for amendment as stated in detail in
the application. Petitioner seeks to add by way of amendment
averments as well as further prayer. It is well settled that
amendment can be granted at any stage and normally amendment is
required to be allowed if it fulfills two criterias, 1) if it is
necessary to resolve finally controversy between the parties and 2)
it does not cause any prejudice to the other side.
In
view of the facts and circumstances, even if present amendment is
allowed, it will not prejudice the other side and the respondents can
file necessary reply and they will get opportunity to meet with the
additional amendments. Moreover, it will also be relevant for the
purpose of finally deciding the controversy and prayer which the
petitioner has prayed.
In
the circumstances, present Civil Application for amendment deserves
to be allowed. Prayer in terms of Para-12(A)-(B) is hereby granted.
Learned advocate Mr. Joshi for the petitioner is directed to carry
out amendment and serve amended copy to the respondents within four
weeks.
Civil
Application accordingly stands allowed. No order as to costs.
(Rajesh
H. Shukla, J.)
vijay*
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