Supreme Court of India · 1957-02-07
PIRGONDA HONGONDA PATIL vs KALGONDA SHIDGONDA PATIL AND OTHERS
- Citation / case number
- SC 1953/1393
- Court
- Supreme Court of India
- Petitioner
- PIRGONDA HONGONDA PATIL
- Respondent
- KALGONDA SHIDGONDA PATIL AND OTHERS
- Bench
- DAS, S.K.
Judgment text excerpt
The Supreme Court upheld the High Court's decision to allow an amendment to the plaint under Order VI Rule 17 of the Code of Civil Procedure, 1908, stating that the amendments did not introduce a new case or alter the nature of the relief sought. Despite the appellant's argument that the amendment application was made after the limitation period under Order XXI Rule 103 had expired, the Court found that the appellant was not taken by surprise and was not required to meet a new claim. The judgment referenced Charan Das v. Amir Khan and followed L. J. Leach & Co. v. Jardine Skinner & Co.