Supreme Court · 2013 INSC 266 · Decided 18 April 2013

Mashyak Grihnirman Sahakari Sanstha Maryadit v. Usman Habib Dhuka & ORS.

Court
Supreme Court of India
Citation
2013 INSC 266 · [2013] 2 S.C.R. 873
Case number
CIVIL APPEAL No. 3917/2013
Decided
18 April 2013
Bench
P. SATHASIVAM, M.Y. EQBAL, A.K. SIKRI (3-judge bench)
Outcome
Appeal(s) allowed
Case type
Civil
Acts & sections cited
CPC; Constitution Article 227

Headnote

CODE OF CIVIL PROCEDURE, 1908 : A B c 0. 6, r. 17 read with 0. 2, r. 2 - Amendment of plaint - Declined by City Civil Court, but permitted by High Court - Held: The statement that plaintiffs were not aware of conveyance dead, prima facie, is not correct - Plaintiffs had . of conveyance dead much before filing of suit, but relief was not sought for in the plaint - There is no ground for allowing the amendment sought for by plaintiffs which was not only a belated one but was clearly an after-thought for the obvious purpose to avert the inevitable consequence - Order

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