Supreme Court · 2011 INSC 30 · Decided 11 January 2011
Gayathri Women Welfare Association v. Gowramma and ANR.
- Court
- Supreme Court of India
- Citation
- 2011 INSC 30 · [2011] 2 S.C.R. 47
- Case number
- CIVIL APPEAL No. 6344/2009
- Decided
- 11 January 2011
- Bench
- B. SUDERSHAN REDDY, S.S. NIJJAR (2-judge bench)
- Outcome
- Appeal(s) allowed
- Case type
- Civil
- Acts & sections cited
- CPC
Headnote
A Code of Civil Procedure, 1908 - Order VI, Rule 17 - Application for amendment of pleading at the stage of:appeal C from the original decree - Maintainability of - Suit filed by appellant for permanent injunction decreed - Defendant­ respondent sought to introduce counter claim for recovery stage of appeal - Prayer allowed by High Court - Held: The High Court was not justified in permitting o the respondents to raise the counter claim at a stage after the issues had been framed by the trial court - Permitting a counter claim at this stage would reopen the decree granted by the trial
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