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march 1969

Supreme Court of India · 1969-03-17

JAI JAI RAM MANOHAR LAL vs NATIONAL BUILDING MATERIAL SUPPLY, GURGAON

Citation / case number
SC 1966/60345
Court
Supreme Court of India
Petitioner
JAI JAI RAM MANOHAR LAL
Respondent
NATIONAL BUILDING MATERIAL SUPPLY, GURGAON
Bench
SHAH, J.C.

Judgment text excerpt

The Supreme Court held that the High Court's refusal to allow the amendment of the plaint was erroneous, emphasizing that procedural rules should facilitate justice rather than obstruct it. The Court established that amendments should not be denied due to technicalities, and a party should not be penalized for mistakes or inadvertence unless it causes irreparable harm to the opponent. The Court ruled that the plaintiff, as the manager of a Hindu undivided family business, was competent to sue in his own name, thereby allowing the amendment and reversing the High Court's decision regarding limitation.

JAI JAI RAM MANOHAR LAL vs NATIONAL BUILDING MATERIAL SUPPLY, GURGAON · Niyam