Principle

CIVIL PROCEDURE – Pleadings – Amendment of Pleadings – Amendment Requiring New Trial

Area of law
CIVIL PROCEDURE
Court
Supreme Court

An amendment that would require adducing additional evidence or a new trial will be refused as "intolerable." The court cannot amend witnesses' testimonies to match amended pleadings. If the amendment fundamentally changes the case, a new trial would be necessary, causing injustice and delay. The…

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