Supreme Court · 2009 INSC 879 · Decided 7 July 2009
Olympic Industries v. Mulla Hussainy Bhai Mulla Akberally & ORS.
- Court
- Supreme Court of India
- Citation
- 2009 INSC 879 · [2009] 10 S.C.R. 338
- Case number
- CIVIL APPEAL No. 4148/2009
- Decided
- 7 July 2009
- Bench
- TARUN CHATTERJEE, H.L. DATTU (2-judge bench)
- Outcome
- Appeal(s) allowed
- Case type
- Civil
- Acts & sections cited
- CPC
Headnote
~. CODE OF CIVIL PROCEDURE, 1908: c Or.8, r.9 - Subsequent pleadings - Additional written statement - Held: Even by filing an amendment or additional written statement, it is open to defendant to add a new ground of defence or to substitute or alter the defence or even to take - written statement so long as the D pleadings do not result in causing grave injuries/irretrievable A., prejudice to plaintiff - Mere def Py is not sufficient to refuse amendment of pleadings or an additional written statement - High Court was not justified in rejecting tenant's application for
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