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october 1994

Supreme Court of India · 1994-10-24

ANIL KUMAR SINGH vs SHIVNATH MISHRA

Citation / case number
SC 1994/15110
Court
Supreme Court of India
Petitioner
ANIL KUMAR SINGH
Respondent
SHIVNATH MISHRA
Author
K. RAMASWAMY
Bench
K. RAMASWAMY

Judgment text excerpt

The Supreme Court upheld the High Court's dismissal of the petitioner's application to amend the plaint to include the respondent as a party defendant in a specific performance suit. The Court found that the respondent's interest as a co-owner, acquired through a decree under the U.P. Zamindari Abolition and Land Reforms Act, did not arise from the same transaction as the original contract, thus Order 1 Rule 3 and Order 22 Rule 10 CPC were not applicable. The Court concluded that the trial court's decision was correct and did not constitute a grievous error.

ANIL KUMAR SINGH vs SHIVNATH MISHRA · Niyam