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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