Avudiappan v. Indian Overseas Bank – sllr 1995 volume 2 page 131

In the case between AVUDIAPPAN and INDIAN OVERSEAS BANK, the court addressed whether an application to amend the plaint, aimed at including a term loan claim, could be permitted under Section 93(2) of the Civil Procedure Code despite significant delay and procedural objections after the commencement of trial. It was held that such an amendment should not be allowed when the circumstances necessitating the amendment were foreseeable and the delay in filing was inordinate and unexplained. The principle reaffirmed that procedural amendments under Section 93(2) are reserved for addressing unforeseen matters, and laches must be viewed as delay not reasonably accounted for. The decision relied upon a strict reading of Section 93(2) and related authorities, highlighting that undue laches and abse