Supreme Court of India
Rajesh Kumar Aggarwal and Ors. v. K.K. Modi and Ors.
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1 Supreme Court bench has cited this judgment.
What the Court ordered
In the result, the Civil Appeal Nos. 5350-5351 are allowed and the B order passed by the Division Bench of the High Court in FAO (OS) No. 35/ 2000 and CM No.3 dated 27.08.2001 stands set aside.
Judgment, page 18
From the headnote
Code of Civil Procedure, 1908; Order VI rule 17-Amendment of pleadings-Scope of-Held, all amendments should be allowed that may be necessary for determining the real question in controversy between the parties provided it does not cause injustice or prejudice to the other side. Order VI rule I ?-Amendment of pleadings-Duty of the court-Held, is to decide whether such an amendment is necessary to decide the real dispute between the parties and if it is, the amendment will be allowed; if it is not, the amendment will be refused. Order VI rule 17-Amendment of pleadings-Approach of the court
Authorities it was built on
Where later benches applied it
Of those, 1 referred to
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