
The Supreme Court upheld the High Court's decision permitting the amendment, observing:
High Court's view on continuous cause of action. (Para 9) Observations on limitation and continuous cause. (Para 21–23) Inapplicability of Section 80 notice. (Para 25–26) Conclusion dismissing the appeal. (Para 27)
Acts and Sections Discussed:
Subjects:
Amendment of Pleadings, Continuous Cause of Action, Debarment Orders, High Court Decisions, Civil Suit, Limitation Period, Section 80 Notice, COVID-19 Relaxation.
Facts:
Nature of Litigation: Appeal against the High Court's order allowing amendment of plaint without Section 80 notice.
Parties and Remedy Sought: State of West Bengal challenged the amendment application filed by the Respondent in a civil suit regarding debarment orders.
Reason for Filing the Case: Respondent sought to include subsequent facts in the plaint to address continuous losses due to repeated wrongful debarments.
Relevant Laws in Question: Validity of plaint amendment without Section 80 notice; Limitation for challenging debarment orders.
Prior Decisions: The High Court kept the legality of the debarment orders open, allowing continuous cause of action.
Issues:
Submissions/Arguments:
a. Appellants:
b. Respondents:
Ratio:
Case Title: THE STATE OF WEST BENGAL & ORS. VERSUS PAM DEVELOPMENTS PRIVATE LIMITED & ANR.
Citation: 2025 LawText (SC) (1) 90
Case Number: CIVIL APPEAL NO. OF 2025 [Arising out of SLP (C) No. 11392 of 2024]
Date of Decision: 2025-01-09