Niyam v2 is live — start for just ₹100 — 200 credits to try

december 1996

Supreme Court of India · 1996-12-02

MANOJ BEHARI LAL MATHUR vs SHANTI MATHUR

Citation / case number
SC 1995/17993
Court
Supreme Court of India
Petitioner
MANOJ BEHARI LAL MATHUR
Respondent
SHANTI MATHUR
Author
G.T. NANAVATI K. RAMASWAMY
Bench
G.T. NANAVATI K. RAMASWAMY

Judgment text excerpt

The Supreme Court addressed the issue of whether Dr. Shanti Mathur was a benamidar and whether the appellants could amend their plaint to assert that she was a trustee for the joint family. The Court held that the amendment sought did not change the nature of the suit or introduce a new cause of action, emphasizing the discretion of the court to allow amendments under Order 6, Rule 17 of the CPC. The appeal was allowed, and the trial court was directed to consider the amendment application favorably, thereby facilitating the appellants' claims regarding the property.

MANOJ BEHARI LAL MATHUR vs SHANTI MATHUR · Niyam