Supreme Court · 2007 INSC 436 · Decided 18 April 2007
Usha Balasaheb Swami and ORS. v. Kiran Appaso Swami and ORS.
- Court
- Supreme Court of India
- Citation
- 2007 INSC 436 · [2007] 5 S.C.R. 306
- Case number
- CIVIL APPEAL No. 2019/2007
- Decided
- 18 April 2007
- Bench
- TARUN CHATTERJEE, R.V. RAVEENDRAN (2-judge bench)
- Outcome
- Appeal(s) allowed
- Case type
- Civil
- Acts & sections cited
- CPC Section 6
Headnote
Code of Civil Procedure, 1908: Order 6 Rule 17. Amendment of pleadings-Written statement-Principles to be borne in C mind-Amendment of written statement and amendment of plaint-Factors governing grant of permission-The suit properties originally belonged to one 'V' and on his death 'A ' and 'B' legal representatives of 'A ' and 'B' respectively-The plaintiffi inherited one-half share of the suit properties D jointly with defendants-Since the defendants had refused to partition the suit properties and deliver separate possession, the plaintiffi filed the suit for partition and
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