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.