Supreme Court of India · 1974-01-11
SHIKHARCHAND JAIN vs DIGAMBER JAIN PRABAND KARINI SABHA AND OTHERS
- Citation / case number
- SC 1967/271
- Court
- Supreme Court of India
- Petitioner
- SHIKHARCHAND JAIN
- Respondent
- DIGAMBER JAIN PRABAND KARINI SABHA AND OTHERS
- Bench
- BHAGWATI, P.N.
Judgment text excerpt
The Supreme Court held that under the Civil Procedure Code, an appellate court can permit amendments to a written statement during the pendency of an appeal if there are changed circumstances not contemplated at the time of the suit's institution. The Court emphasized that the death of Smt. Rajrani created a fresh cause of action for the appellant, who claimed to be her next reversioner, thus justifying the amendment. The Court remanded the case to the trial court to allow the amendment sought by the appellant.