Supreme Court of India
Prem Bakshi and Ors. v. Dharam Dev and Ors.
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1 Supreme Court bench has cited this judgment.
What the Court ordered
We hold that the High Court erred in law in interfering with the order of the trial court allowing the prayer for amendment of the plaint.
Judgment, page 6
From the headnote
Code of Civil Procedure, 1908: Section I I 5 and Order 6 Rule I 7-Revisionary Jurisdiction-Exercise of-Suit for declaration and injunction-Amendment sought only to bring to the notice of the Court some subsequent facts-Trial Court allowed the application but High Court set it aside-On appeal held, such amendment to pleadings would not cause any failure of justice or irreparable injury to any party-Hence High Court erred in allowing the revision. The suit land was mortgaged to two persons and on the death of the mortgagor, respondent No. 1 got his name mutated in the revenue record. Appellant
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