Supreme Court of India
Mashyak Grihnirman Sahakari Sanstha Maryadit v. Usman Habib Dhuka & 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.
What the Court ordered
For the aforesaid reasons, the appeal is allowed, the impugned order passed by the High Court is set aside and the order passed by the trial court is restored.
Judgment, page 8
From the headnote
CODE OF CIVIL PROCEDURE, 1908 : c 0. 6, r. 17 read with 0. 2, r. 2 - Amendment of plaint - Declined by City Civil Court, but permitted by High Court - Held: The statement that plaintiffs were not aware of conveyance dead, prima facie, is not correct - Plaintiffs had . 0 come to know of conveyance dead much before filing of suit, but relief was not sought for in the plaint - There is no ground for allowing the amendment sought for by plaintiffs which was not only a belated one but was clearly an after-thought for the obvious purpose to avert the inevitable consequence - Order of High Court set
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