Content Provider | Supreme Court of India |
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e-ISSN | 30484839 |
Language | English |
Access Restriction | NDLI |
Subject Keyword | Code of Civil Procedure 1908: Order VT rule 17 |
Content Type | Text |
Resource Type | Law Judgement |
Jurisdiction | India |
Case Type | Appeal |
Court | Supreme Court of India |
Disposal Nature | Appeal Allowed |
Headnote | Order VT rule 17 - Amendment of pleadings - Permissibility - Suit for partition of property - After framing of issues, application for amendment of pleadings - Seeking share in sale proceeds of another property - The court instead of deciding the application asked the parties tlJ lead evidence - Evidence was led and suit was fixed for disposal -- Court ordered that the application would be considered at final hearing of suit - Application for amendment of issues dismissed - Pursuant to direction of Superior Court, amendment application was considered and rejected on the ground that the amendment application was time barred because limitation for suit for recovery of money is three years from the date of the sale - Writ petition dismissed by High Court - On appeal, held: Proviso to r. 17 of Order VT prohibits entertainment of amendment application after commencement of trial - Trial of a suit commences after issues are framed and case is fixed for hearing and the party having right to begin, is to produce evidence - In the present case though technically the trial had commenced, but actually the application was filed before the evidence was led - No prejudice can be said to have been caused to defendant because evidence was led subsequent ·to filing of the application - Thus, in the present case no bar was created by the proviso to consider the application - The determination as to whether the claim could be held to be barred by time could have been decided only after considering the evidence - It was too early to come to the conclusion that limitation was only three years and not twelve years as claimed by the plain- tiff - Amendment application allowed - Limitation Act, 1963 - Art.110 |
Judge | Hon'ble Mr. Justice Ashok Bhushan |
Neutral Citation | 2017 INSC 1212 |
Petitioner | Mohinder Kumar Mehra |
Respondent | Roop Rani Mehra & Ors. |
SCR | [2017] 12 S.C.R. 231 |
Judgement Date | 2017-12-11 |
Case Number | 19977 |
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