Supreme Court of India

Olympic Industries v. Mulla Hussainy Bhai Mulla Akberally & Ors.

Neutral citation
Reported as [2009] 10 S.C.R. 338
Bench Tarun Chatierjee and H.L. Datiu JJ.
Decided 7 July 2009

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

We are of the view that the High Court was not justified in passing the impugned order and in rejecting the B prayer for acceptance of the additional counter statement filed on behalf of the appellant.

Judgment, page 10

From the headnote

CODE OF CIVIL PROCEDURE, 1908: c Or.8, r.9 - Subsequent pleadings - Additional written statement - Held: Even by filing an amendment or additional written statement, it is open to defendant to add a new ground of defence or to substitute or alter the defence or even to take - inconsistent pleas in the written statement so long as the pleadings do not result in causing grave injuries/irretrievable ., prejudice to plaintiff - Mere def Py is not sufficient to refuse amendment of pleadings or an additional written statement - High Court was not justified in rejecting tenant's application for

Where later benches applied it

Of those, 1 approved

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