Supreme Court · 2024 INSC 151 · Decided 29 February 2024
Basavaraj v. Indira and Others
- Court
- Supreme Court of India
- Citation
- 2024 INSC 151 · [2024] 2 S.C.R. 935
- Case number
- CIVIL APPEAL No. 2886/2012
- Decided
- 29 February 2024
- Bench
- C.T. RAVIKUMAR, RAJESH BINDAL (2-judge bench)
- Outcome
- Appeal(s) allowed
- Case type
- Civil
- Acts & sections cited
- CPC
Headnote
High Court, if justified in allowing the amendment application, changing the nature of suit from partition to declaration. Code of Civil Procedure, 1908 - Ord. VI r. 17 - Amendment of pleadings - When allowed - On facts, suit for partition reached the stage of arguments, application for amendment of the plaint filed by the respondents No. 1 and 2, seeking relief of declaration of the earlier compromise decree being null and void, pleading oversight and mistake, on the part of the respondents No. 1 and 2 - Trial court dismissed
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