Whether pleading before trial court is deemed to be amended if said amendment in incorporated in Memo of appeal?

[Educator]

The learned counsel urged that the Respondents had already filed an application for amendment of Memo of Appeal in terms of Order 41, Rule 3 of the Code of Civil Procedure, which having been allowed, would amount to amendment of the claim application in the reference case itself. Strong reliance in this behalf has been placed on Harcharan v. State of Haryana MANU/SC/0166/1982 : AIR1983SC43