Supreme Court · 2009 INSC 13 · Decided 9 January 2009

Alkapuri Co-Operative Housing Society LTD. v. Jayantibhai Naginbhai (Deceased) THR.LRS.

Court
Supreme Court of India
Citation
2009 INSC 13 · [2009] 1 S.C.R. 157
Case number
CIVIL APPEAL No. 154/2009
Decided
9 January 2009
Bench
S.B. SINHA, MUKUNDAKAM SHARMA (2-judge bench)
Outcome
Appeal(s) allowed
Case type
Civil
Acts & sections cited
CPC

Headnote

CODE OF CIVIL PROCEDURE, 1908: A B Or. 6, r. 17 rlw Or. 1, r. 10 - Amendment of plaint - Period C of limitation - Suit filed in 1985 by an allottee against Co­ operative Housing Society for injunction in respect of a plot - Application for temporary injunction rejected - filing an application for amendment of plaint seeking impleadment of Municipal o Corporation as also possession of the plot or allotment of an alternative plot- Amendment declined by trial court, inter alia, as barred by limitation, but allowed by High Court - HELD: When, by

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