Supreme Court · 2013 INSC 523 · Decided 7 August 2013
Jitendra Kumar Khan and Others v. The Peerless General Finance and Investment Company Limited and Others
- Court
- Supreme Court of India
- Citation
- 2013 INSC 523 · [2013] 7 S.C.R. 1093
- Case number
- CIVIL APPEAL No. 6784/2013
- Decided
- 7 August 2013
- Bench
- ANIL R. DAVE, DIPAK MISRA (2-judge bench)
- Outcome
- Disposed off
- Case type
- Civil
- Acts & sections cited
- CPC
Headnote
Code of Civil Procedure, 1908: 0. 6, r. 17 - Written statement - Amendment - Equitable set-off - Suit for declaration as regards plaintiffs' entitlement A B c to certain amounts - Defendants seeking amendment of written statement after more than 3 years of to grant of a decree for a certain amount - Held: D Division Bench of High Court has rightly allowed the amendment on the basis that the claim put forth could be treated as a plea in the nature of equitable set-off, for it has treated the stand taken in the amendment petition to be a demand
Judgments are the courts' own published copies, provided for study; they are not certified copies. Source: Indian Supreme Court & High Court Judgments, Dattam Labs (CC-BY-4.0)