Content Provider | Supreme Court of India |
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e-ISSN | 30484839 |
Language | English |
Access Restriction | NDLI |
Subject Keyword | Code of Civil Procedure 0. 6 r. 17: Amendment of pleading 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; O.6 r.17: Amendment of pleading - Suit for issuance of permanent injunction against respondent-Amendment petition correcting certain description of the property in the Schedule to plaint - Rejected by trial Court - Challenge to - Dismissed by High Court - On appeal, Held: Wrong description of suit property pointedly brought up by defendants not only in written statement but also in course of proceedings of a Miscellaneous case - There was a lock of due diligence on the part of plaintiff- appellant for not raising the discrepancy in the plaint inspite of settlement of relevant issues - In terms of proviso to O.6 r.17, amendment after commencement of trial is barred unless Court came to the conclusion that the party could not have raised the matter inspite of due diligence before the commencement of trial - Though refraining to make any pronouncement as to exactly when the trial can be said to have commenced, the Court held that the amendment was necessary for the purpose of bringing to the fore the real question in controversy between the parties and refusal to permit the amendment would create complications at execution stage in case plaintiff succeeds in the suit - Hence, allowed - It is open to respondent to make corresponding amendment in the written statement, if so desired. |
Judge | Hon'ble Mr. Justice Aftab Alam |
Neutral Citation | 2008 INSC 60 |
Petitioner | Usha Devi |
Respondent | Rijwan Ahamd & Ors. |
SCR | [2008] 1 S.C.R. 795 |
Judgement Date | 2008-01-17 |
Case Number | 481 |
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