Supreme Court · 2006 INSC 162 · Decided 22 March 2006
Rajesh Kumar Aggarwal and ORS. v. K.K. Modi and ORS.
- Court
- Supreme Court of India
- Citation
- 2006 INSC 162 · [2006] 3 S.C.R. 175
- Case number
- CIVIL APPEAL No. 5350/2002
- Decided
- 22 March 2006
- Bench
- H.K. SEMA, AR. LAKSHMANAN (2-judge bench)
- Outcome
- Appeal(s) allowed
- Case type
- Civil
- Acts & sections cited
- CPC
Headnote
B Code of Civil Procedure, 1908; Order VI rule 17-Amendment of pleadings-Scope of-Held, all amendments should be allowed that may be necessary for determining the real C question in controversy between the parties provided it does not cause injustice or prejudice to the other side. Order VI rule I is necessary to decide the real D dispute between the parties and if it is, the amendment will be allowed; if it is not, the amendment will be refused. Order VI rule 17-Amendment of pleadings-Approach of the court­ Held, should be liberally allowed since procedural obstacles ought not to
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