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november 1995

Supreme Court of India · 1995-11-27

G. NAGAMMA vs SIROMANAMMA

Citation / case number
SC 1995/10204
Court
Supreme Court of India
Petitioner
G. NAGAMMA
Respondent
SIROMANAMMA
Author
K. RAMASWAMY
Bench
K. RAMASWAMY

Judgment text excerpt

The Supreme Court allowed the appeal for amendment of the plaint under Order 6 Rule 17 of the Code of Civil Procedure, 1908, emphasizing that a plaintiff is entitled to plead inconsistent pleas and seek alternative reliefs. The Court found that the amendment would not change the nature of the suit or the cause of action, thus permitting the appellants to incorporate their claim for redemption of mortgage alongside specific performance. The trial court was directed to dispose of the suit within eight months of receiving the amended plaint.

G. NAGAMMA vs SIROMANAMMA · Niyam