N.J. Amin Ltd. v. V. B. Patel & Company Ltd., Civ. Case 38-D-67, /5/68, Hamlyn J.

N.J. Amin Ltd. v. V. B. Patel & Company Ltd., Civ. Case 38-D-67,  /5/68, Hamlyn J.

This is an application by plaintiff to amend his reply to the defence which has been filed. The case arose out of the failure of plaintiff to accept goods delivered by defendant, and the proposed amendment alleged that there was no contract because plaintiff’s offer was withdrawn before it was accepted by defendant.

            Held: The amendment would not set up a new cause of action, or introduce a new case, or change the subject matter of the suit. “Amendments to pleadings should freely be allowed where they can be made without injustice to the other side, and there is no injustice where the other side can be compensated by costs.” To refuse to grant the application “would be to make an order which might prevent this court at trial from determining the real matters at issue between the parties. Litigation is intended to resolve outstanding disputes between parties and not merely to disregard them.” Application allowed.