The amendment seeks to enhance the amount claimed in the plaint. At the end of the trial of the suit, the plaintiff will be entitled to a decree only if he is able to satisfy the Court in respect of his claim and will recover the amount which he is able to prove by adducing satisfactory evidence. The defendants will have every opportunity to disprove or minimise the claim of the plaintiff. .....Bangladesh Chemical Industries Corporation =VS= M. V. THOR NEXUS, (Civil), 2018 (1) [4 LM (AD) 72] ....View Full Judgment

The proposed amendment would not change the nature and character of the suit and it was not a new fact since it was earlier stated in the plaint that Tk.95,000/- was given in cash and Tk.3,00,000/- was paid by cheque. In the amendment petition, only the name of the signatory of the cheque was inserted. So, neither character of the suit is being changed nor any new fact has been incorporated in the amendment petition, and as such the appeal is liable to be dismissed. In the instant case the facts alleged in the plaint indicated that payment was made by cheque as well as by cash, and the amendment simply named the person, who had issued the cheque. Such an amendment in our view does not change the nature and character of the suit. We do not find any illegality or infirmity in the impugned judgement. Accordingly, the appeal is dismissed, without however, any order as to costs. .....Sree Nilu Banerjee =VS= Swapan Sarker, (Civil), 2018 (2) [5 LM (AD) 127] ....View Full Judgment