Supreme Court · 2017 INSC 747 · Decided 16 August 2017

The State of Bihar & ORS. v. Modern Tent House & ANR.

Court
Supreme Court of India
Citation
2017 INSC 747 · [2017] 7 S.C.R. 539
Case number
CIVIL APPEAL No. 3845/2008
Decided
16 August 2017
Bench
R.K. AGRAWAL, ABHAY MANOHAR SAPRE (2-judge bench)
Outcome
Appeal(s) allowed
Case type
Civil
Acts & sections cited
CPC

Headnote

539 THE STATE OF BIHAR & ORS. v. MODERN TENT HOUSE & ANR. (Civil Appeal No.3845 of2008) AUGUST 16,2017 [R.K. AGRAWAL AND ABHAY MANOHAR SAPRE, JJ.J Code of Civil Procedure, 1908 - Or. 6 r. 17 - Amendment of pleadings - Application for amendment in the written statement 539 A B to the in the written statement; it is in the nature of amplification of the defense already taken; no prejudice would be caused to the respondents­ plaintiffe if the amendment is allowed, because the initial burden to prove the case continues to remain on the plaintiffe; and since the D trial is

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