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february 1957

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.

PIRGONDA HONGONDA PATIL vs KALGONDA SHIDGONDA PATIL AND OTHERS · Niyam