Supreme Court · 2015 INSC 412 · Decided 14 May 2015
Mahila Ramkali Devi and Others v. Nandram (D) THR. LRS. and Others
- Court
- Supreme Court of India
- Citation
- 2015 INSC 412 · [2015] 4 S.C.R. 974
- Case number
- CIVIL APPEAL No. 2366/2010
- Decided
- 14 May 2015
- Bench
- M.Y. EQBAL, AMITAVA ROY (2-judge bench)
- Outcome
- Case Partly allowed
- Case type
- Civil
- Acts & sections cited
- CPC Section 6
Headnote
Code of Civil Procedure, 1908: Order 6 r. 17 - C Amendment of plaint - Appellant no. 1-plaintiff filed a suit for declaration of title and possession of suit properly on the basis of Will - Application for amendment of plaint filed by appellant no.1 to make appellant no.2 to 5 entitled to D suit inheritance - High Courl held that it was not in the interest of justice to allow the application for amendment as it would totally change the character of the plaint after lapse of more than 40 years - Held: The Courl always gives relief to amend the pleading E of the parly, unless it is
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