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Case information
| Court | Supreme Court of Bangladesh — High Court Division |
|---|---|
| Case reference | Civil Revision (TN) 5/2024 |
| Case-reference year | 2024 |
| Case type | Civil Revision (TN) |
| Court website upload date | 08-DEC-25 |
The case-reference year is not the judgment year. The court website upload date is not a judgment date.
Official index description
Source: Supreme Court official index.
In view of the principle of law settled by our Apex Court it is clear that an amendment of the pleadings may be allowed at any stage of the proceeding even at the appellate stage when the Court is satisfied that the proposed amendment is necessary for the purpose of determining the real questions in controversy between the parties. However, if it is made in a belated stage and from the conduct of the party it is apparent that there is neglect or latches in pursuing the suit properly the amendment should be allowed subject to payment of costs. But an amendment of the pleading cannot be allowed: (1) to introduce an alternative and completely different kind of defense which will have the effect of new controversy between the parties; (2) which would have the effect of totally altering the nature of the suit or take away a valuable right accrued by laps of time; (3) where a party has admitted certain facts, he cannot subsequently be allowed to disown those admission by way of amendment (4) if the amendment substitutes any cause of action.