 ... writing to amend by or not, and whether the defect or error be that of the party applying to amend or not ; and all such amendments may be made with or without costs, and upon such terms as to the court or judge may seem fit ; and all such amendments...  The Code of Civil Procedure, Act XIV of 1882 ... - Page 144by India - 1883 - 654 pagesFull view - About this book
 | Australia. High Court - Law reports, digests, etc - 1913 - 812 pages
...the substantial matter in dispute. The Act expresses it thus : — " For the purpose of determining in the existing suit the real question in controversy between the parties." The purpose of the legislature is not fully observed unless regard is paid to the words " in the existing... | |
 | James Gould - Civil procedure - 1909 - 708 pages
...amend or not) in all cases in which such amendment may be necessary for the purpose of determining, in the existing suit, the real question in controversy between the parties. Those statutes, together with the change they have induced in the course of judicial decision, may... | |
 | William Henry Lloyd - Civil procedure - 1916 - 980 pages
...brought was dead. It can not be said that this is an amendment "necessary for the purpose of determining in the existing suit the real question in controversy between the parties," nor is this an application made between the parties to the suit ; for there is no plaintiff, and, therefore,... | |
 | Florida State Bar Association - Bar associations - 1922 - 422 pages
...court may deem fit; and all such amendments as may be deemed necessary for the purpose of determining in the existing suit, the real question in controversy between the parties shall be so made, provided due application be made to the court, but no motion for a compulsory amendment... | |
 | Law reports, digests, etc - 1913 - 1356 pages
...or judge may seem fit ; and all such amendments as may be necessary for the purpose of determining in the existing suit the real question in controversy between the parties shall be so made, if duly applied for." [Cresswell, J. The 222nd section is much more favourable for... | |
 | United States. Supreme Court, Palmer Daniel Edmunds - Civil procedure - 1938 - 782 pages
...court may deem fit; and all such amendments as may be deemed necessary for the purpose of determining in the existing suit the real question in controversy between the parties, shall be so made, if duly applied for. 2 Comp. Laws Fla. Ann. (1927) 4295. 91. — Cases. 92. Liberality... | |
 | Law reports, digests, etc - 1876 - 650 pages
...thinks fit; and requires that all such amendments as may be necessary for the purpose of" determining in the existing suit the real question in controversy between the parties, shall be made. No suggestion was made, either at the trial or on the argument, that there were any... | |
 | Law reports, digests, etc - 1873 - 840 pages
...thinks fit, and requires that all such amendments as may be necessary for the purpose of determining in the existing suit the real question in controversy between the parties, shall be made. No suggestion was made either at the trial or on the argument that there were any terms... | |
 | New Brunswick - Law - 1921 - 488 pages
...the Judge may seem fit; and all such amendments as may be necessary for the purpose of determining in the existing suit, the real question in controversy between the parties, shall be so made if duly applied for. CS 1903, c. 116, s. 67. 61. It shall be lawful for the Judge,... | |
| |
