Supreme Court of India · 1974-04-09
GANGA BAI vs VIJAY KUMAR & ORS.
- Citation / case number
- SC 1969/60251
- Court
- Supreme Court of India
- Petitioner
- GANGA BAI
- Respondent
- VIJAY KUMAR & ORS.
- Bench
- CHANDRACHUD, Y.V.
Judgment text excerpt
The Supreme Court addressed the issue of amending a memorandum of appeal after a significant delay of 7.5 years without a condonation application, under the provisions of the Civil Procedure Code (C.P.C.). The Court held that the High Court's decision to allow the amendment was justified as it was within the court's discretion to permit additional grounds to be urged without formal amendment. The Court affirmed the High Court's findings that the partition was genuine and that the defendants had the right to redeem the mortgage, thereby upholding the appellate court's decision.