Content Provider | Supreme Court of India |
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e-ISSN | 30484839 |
Language | English |
Access Restriction | NDLI |
Subject Keyword | 1908 : 0 6 r. 17 Code of Civil Procedure |
Content Type | Text |
Resource Type | Law Judgement |
Jurisdiction | India |
Case Type | Appeal |
Court | Supreme Court of India |
Disposal Nature | Appeal Dismissed |
Headnote | 0 6 r. 17 - Amendment of plaint after passing of final decree - Maintainability of - Final decree passed in suit for partition - Appellants purchased undivided share in joint family property and were parties to preliminary decree as also final decree which attainted finality - Subsequently, application for amendment of plaint by decree holder seeking correction in D survey no., allowed- Challenge to, by appellant-pendente lite purchaser - Held: Amendment application was maintainable Wrong description of property was a typographical mistake - Appellants not entitled to possession of land what they have i purchased but merely acquired right to sue for partition - Identity of suit land not changed - Survey no. is a joint family property - Same plot was subject matter of sale - Also, appellants could not show at to how they were prejudiced. The question which arose for consideration in this appeal was whether the civil court has the jurisdiction to I allow an application for amendment of plaint after a final t decree is passed. |
Judge | Hon'ble Mr. Justice S.B. Sinha |
Neutral Citation | 2009 INSC 178 |
Petitioner | Peethani Suryanarayana & Anr. |
Respondent | Repaka Venkata Ramana Kishore & Ors. |
SCR | [2009] 2 S.C.R. 48 |
Judgement Date | 2009-02-12 |
Case Number | 942 |
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