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 |
Content Type | Text |
Resource Type | Law Judgement |
Jurisdiction | India |
Act(s) Referred | Code of Civil Procedure, 1908 (5 of 1908) |
Case Type | Appeal |
Court | Supreme Court of India |
Disposal Nature | Appeal Allowed |
Headnote | Code of Civil Procedure, 1908 – Or.7, r.14 and Or.6, r.17 – Whether in the pending suit in question, the two Courts below were justified in dismissing the three applications filed by the plaintiff (i) application u/Or.7, r.14 for filing of documents; (ii) application u/ Or.6, r.17 seeking amendment in the plaint; (iii) application seeking directions against the respondents for production of some original documents – Held: The two applications filed by appellant under Or.7, r.14 and Or.6, r.17 should have been allowed and he should have been permitted to amend the plaint and file the additional documents – For the reason that Firstly, the suit is still at initial stage, i.e., the trial has not yet begun; Secondly, the proposed amendment sought in the plaint does not change the nature of suit; Thirdly, the applications could not be said to have been filed by the plaintiff belatedly because the suit had been dismissed by the trial Court as not maintainable in its initial stages and for all these years it was sub judice in appeal – It is only after the Appellate court remanded the case to the trial Court for its trial, the appellant filed the applications in the suit – Fourthly, the Courts, in these circumstances, should have been liberal in allowing the proposed amendment – Insofar, as the third application for production of documents is concerned, no argument advanced by the appellant, therefore, order of its rejection upheld. |
Judge | Hon'ble Mr. Justice Abhay Manohar Sapre |
Neutral Citation | 2018 INSC 62 |
Petitioner | N. C. Bansal |
Respondent | Uttar Pradesh Financial Corporation & Anr. |
SCR | [2018] 1 S.C.R. 353 |
Judgement Date | 2018-01-25 |
Case Number | 882 |
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