Supreme Court · 1978 INSC 17 · Decided 25 January 1978

Ganesh Trading CO. v. Moji Ram

Court
Supreme Court of India
Citation
1978 INSC 17 · [1978] 2 S.C.R. 614
Case number
CIVIL APPEAL No. 1338/1977
Decided
25 January 1978
Bench
M. HAMEEDULLAH BEG, D.A. DESAI (2-judge bench)
Outcome
Appeal(s) allowed
Case type
Civil
Acts & sections cited
CPC Section 6

Headnote

H 614 GANESH TRADING CO. v. MOJI RAM January 25, 1978 [M. H. BEG, C. J. AND D. A. DESAI, J.] Civil Procedure Code, Order 6 Rule 17-Amendment of pleadings, when { 'J.ernzissible-"New cause of action" whether constituted by staternent of in- a.1vertently omitted essential fact. The of the plaint was applied for, on the ground that the plaintiff had inadvertently omitted to mention the essential fact that the firm had actually been dissolved before the institution of the suit. The Trial Court, and the High Court, in revision, refused to a11ow the amendment on the

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