Supreme Court · 2009 INSC 934 · Decided 21 July 2009

P.A. Jayalakshmi v. H. Saradha and ORS.

Court
Supreme Court of India
Citation
2009 INSC 934 · [2009] 11 S.C.R. 131
Case number
CIVIL APPEAL No. 4586/2009
Decided
21 July 2009
Bench
S.B. SINHA, DEEPAK VERMA (2-judge bench)
Outcome
Dismissed
Case type
Civil
Acts & sections cited
CPC

Headnote

Code of Civil Procedure, 1908: A B Or. V/11, r. 9 and Or. VI, r. 17 - Distinction between - c Discussed. Or. VIII, r. 9 and proviso to Or. VI, r. 17 - Additional pleadings - Suit for partition - Application filed by defendant­ appellant seeking leave to file additional written statement - facts, D justified - The application was filed at a much belated stage - Statutory limitations brought about by reason of amendments in CPC to be kept in mind. Respondents filed suit for partition in the year 2004. E Appellant filed written statement in 2006 and on 1-3-2007, filed application

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