Content Provider | Supreme Court of India |
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e-ISSN | 30484839 |
Language | English |
Access Restriction | NDLI |
Subject Keyword | Amendment of plaint |
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 : 0. 6, r. 17 read with 0. 2, r. 2 - Amendment of plaint - Declined by City Civil Court, but permitted by High Court - Held: The statement that plaintiffs were not aware of conveyance dead, prima facie, is not correct - Plaintiffs had come to know of conveyance dead much before filing of suit, but relief was not sought for in the plaint - There is no ground for allowing the amendment sought for by plaintiffs which was not only a belated one but was clearly an after-thought for the obvious purpose to avert the inevitable consequence - Order of High Court set aside and that of City Civil Court restored.The appellant Co-operative Housing Society entered into a development agreement with respondent no.4 - developer in respect of development of Society's property. The plaintiffs-respondent nos.1 to 3, claiming themselves to be the members of the appellant- Society filed a suit in the City Civil Court challenging amalgamation of two plots owned by the Society and praying for directions, inter alia, for demolition of the construction raised on the amalgamated plot. While declining the interim injunction, it was observed that the plaintiffs never raised any objection to conveyance deed dated 8.2.1989. The plaintiffs took out Chamber Summary for amending the plaint and seeking to incorporate the relief of declaration of conveyance deed dated 8.2.1989 as illegal, mala fide and bad in law. The City Civil Court dismissed the Chamber Summons. However, the High Court in writ petition under Art. 227 of the Constitution set aside the order of City Civil Court and permitted the plaintiffs to amend the plaint. |
Judge | Hon'ble Mr. Justice M.Y. Eqbal |
Neutral Citation | 2013 INSC 266 |
Petitioner | Mashyak Grihnirman Sahakari Sanstha Maryadit |
Respondent | Usman Habib Dhuka & Ors. |
SCR | [2013] 2 S.C.R. 873 |
Judgement Date | 2013-04-18 |
Case Number | 3917 |
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