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: Section I I 5 and Order 6 Rule I 7 |
Content Type | Text |
Resource Type | Law Judgement |
Jurisdiction | India |
Case(s) Referred | Referred Case 0 |
Case Type | Appeal |
Court | Supreme Court of India |
Disposal Nature | Appeal Allowed |
Headnote | Code of Civil Procedure, 1908: Section 115 and Order 6 Rule 17-Revisionary Jurisdiction-Exercise of-Suit for declaration and injunction-Amendment sought only to bring to the notice of the Court some subsequent facts-Trial Court allowed the application but High Court set it aside-On appeal held, such amendment to pleadings would not cause any failure of justice or irreparable injury to any party-Hence High Court erred in allowing the revision.The suit land was mortgaged to two persons and on the death of the mortgagor, respondent No. 1 got his name mutated in the revenue record. Appellant and respondent Nos. 2 to 5, the legal heirs of the mortgagee filed suit for declaration of joint ownership of the land and permanent injunction restraining respondent No. 1 from alienating the suit land. Subsequently, appellant learnt from the suit filed by respondent No. 1 that the suit land was sold by the mortgagor to the mortgagee adjusting the mortgaged amount and also that father of respondent No. 1 had filed a pre-emption suit which was decreed in 1943 with a condition of payment of certain amount to the mortgagee by the father of respondent No. 1 and in case of non-payment, the suit would stand dismissed. Thereafter, appellant filed an application under Order 6 Rule 17 CPC for amendment in the suit that as the amount directed by the Court was not paid, there was no decree for pre-emption and the suit stood dismissed. Trial Court allowed the amendment application. However, High Court dismissed it. Hence the present appeal. |
Judge | Hon'ble Mr. Justice S.N. Phukan |
Neutral Citation | 2002 INSC 11 |
Petitioner | Prem Bakshi And Ors. |
Respondent | Dharam Dev And Ors. |
SCR | [2002] 1 S.C.R. 103 |
Judgement Date | 2002-01-09 |
Case Number | 104 |
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