Supreme Court of India
Bollepanda P. Poonacha and Anr. v. K.M. Madapa
INSC stands for INDIAN SUPREME COURT. A neutral citation scheme assigned by the Court itself, so a judgment can be cited without depending on a commercial law reporter. INSC is the neutral citation scheme assigned by the Supreme Court, so a judgment can be cited without depending on a commercial law reporter.
1 Supreme Court bench has cited this judgment.
What the Court ordered
For the reasons stated hereinbefore, are of the opinion that the learned Civil Judge was not correct in allowing the application for amendment of the written statement.
Judgment, page 8
From the headnote
Code of Civil Procedure, 1908, O. 8, r. 6A - Counter claim - Filing of, when cause of action c arose after filing of written statement - Permissibility of- Held: Not permissible. O. 6 r. 17 -Amendment of written st.atement- Prayer for- Held: Cannot be allowed as a matter of right- In such matters, court has wide discretion - Howeve4' court to exercise ~ discretionary jurisdiction in judicious manner - While • considering the application subservance of justice is . the ultimate goal - Grant of relief would depend upon the factual background involved in each case. In 1997, a suit was filed in
Authorities it was built on
Where later benches applied it
Of those, 1 referred to
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