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december 1989

Supreme Court of India · 1989-12-13

GAJANAN JAIKISHAN JOSHI vs PRABHAKAR MOHANLAL KALWAR

Citation / case number
SC 1987/71168
Court
Supreme Court of India
Petitioner
GAJANAN JAIKISHAN JOSHI
Respondent
PRABHAKAR MOHANLAL KALWAR
Author
E.S. () VENKATARAMIAH
Bench
E.S. (CJ) VENKATARAMIAH

Judgment text excerpt

The Supreme Court held that amendments to pleadings should be allowed unless they cause irreparable injury to the other party, particularly when a fresh claim is barred by limitation. In this case, the appellant sought to amend the pleadings to complete the cause of action for specific performance without introducing a new cause of action, thus not causing injustice to the respondent. The Court upheld the amendment application, emphasizing the discretion of the Court to allow amendments in the interest of justice, referencing Section 16(c) of the Specific Relief Act.

GAJANAN JAIKISHAN JOSHI vs PRABHAKAR MOHANLAL KALWAR · Niyam