Rajah Bommadevara Sa... v. Sankershanapalli Ven...

It is argued that the lower Court acted without jurisdiction in allowing the amendment allowed by it. I think the amendment is quite unobjectionable and falls clearly within the scope of R. 17 of O. 6 of the Civil Procedure Code. The observations in the case cited in Ma Shwe Mya v. Maung Mo Hnaung have to be read with the facts of that case. The amendment allowed here does not change the nature of the suit at all. The words of R 17 give wide powers of amendment and we have the authority of the Privy Council itself in Ma Shwe Mya v. Maung Mo Hnaung, cited for holding “that full powers of amendment must be enjoyed and should always be liberally exercised.” The petition fails and is dismissed with costs.

K.S.DPetition dismissed.