Supreme Court of India
Olympic Industries v. Mulla Hussainy Bhai Mulla Akberally & Ors.
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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