Supreme Court · 2008 INSC 1428 · Decided 12 December 2008

Vidyabai & ORS. v. Padmalatha & ANR.

Court
Supreme Court of India
Citation
2008 INSC 1428 · [2008] 17 S.C.R. 505
Case number
CIVIL APPEAL No. 7251/2008
Decided
12 December 2008
Bench
S.B. SINHA, CYRIAC JOSEPH (2-judge bench)
Outcome
Appeal(s) allowed
Case type
Civil
Acts & sections cited
CPC

Headnote

Code of Civil Procedure: A B Or.6 r.17 and its proviso - Amendment of written statement, after issues framed and affidavits by way of C evidence filed by parties - Permissibility of - Held: On facts, not permissible - Filing of affidavit in lieu of examination-in­ chief of witness would amount failed to prove that inspite of due diligence, the parties could not raise the matter before o commencement of trial. The plaintiffs-appellants filed a suit for specific performance of an agreement of sale. A written statement was filed in April, 2004. The issues were already framed and

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