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january 1974

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.

SHIKHARCHAND JAIN vs DIGAMBER JAIN PRABAND KARINI SABHA AND OTHERS · Niyam