Supreme Court of India
Basavaraj v. Indira and Others
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1 Supreme Court bench has cited this judgment.
What the Court ordered
For the reasons mentioned above, the present appeal is allowed.
Judgment, page 11
From the headnote
Issue for Consideration High Court, if justified in allowing the amendment application, changing the nature of suit from partition to declaration. Headnotes Code of Civil Procedure, 1908 – Ord. VI r. 17 – Amendment of pleadings – When allowed – On facts, suit for partition and separate possession – When the matter reached the stage of arguments, application for amendment of the plaint filed by the respondents No. 1 and 2, seeking relief of declaration of the earlier compromise decree being null and void, pleading oversight and mistake, on the part of the respondents No. 1 and 2 – Trial court
Authorities it was built on
Where later benches applied it
Of those, 1 referred to
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