Supreme Court · 2006 INSC 940 · Decided 1 December 2006
State Bank of Hyderabad v. Town Municipal Council
- Court
- Supreme Court of India
- Citation
- 2006 INSC 940 · [2006] SUPP. 9 S.C.R. 919
- Case number
- CIVIL APPEAL No. 5294/2006
- Decided
- 1 December 2006
- Bench
- S.B. SINHA, MARKANDEY KATJU (2-judge bench)
- Outcome
- Appeal(s) allowed
- Case type
- Civil
- Acts & sections cited
- CPC
Headnote
B Code of Civil Procedure, 1908-Proviso to Order VI, Rule 17-Suit filed in I 998-!J.mendment of plaint-Disallowed by High Court on basis of proviso appended to Order VJ, Rule I 7-Held: Proviso came into force w.ej C I. 7.2002-lt did not apply to the case in hand-High Court failed to invoke the law was filed for grant of leave to amend the plaint. The application was allowed. High Court by reason of the impugned judgment held that the D said application for amendment was not maintainable in view of the proviso appended to Order VI, Rule 17, CPC and on the said finding the order granting
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