1. There
cannot be any settlement between the parties as to the manner in which the suit
has to be conducted or concluded. For that, the Court is only bound by the
Civil Procedure Code and other relevant statutory provisions. That means when a
settlement is arrived at, and the Court is satisfied that a decree can be
passed, the Court is bound to pass a decree.- Hon’ble Kerala High Court in O.P.
(C) No. 3131 of 2016
2. The
Courts cannot dismiss all the applications for amendment considering the
question of limitation. In the facts and circumstances of the cases, in certain
cases, question of limitation can be decided when amendment is sought for can
be decided based on the facts and circumstances of the case and evidence let in
by the parties. When any pre-trial amendment is sought for, a party seeking
amendment must be given an opportunity to let in evidence to prove that
amendment sought for is not barred by limitation and Doctrine of relation back
applies to the facts of the case.- Madras High Court in C.R.P. PD Nos. 1599 and
1600 of 2017
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