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september 2001

Supreme Court of India · 2001-09-12

M/S. Estralla Rubber vs Dass Estate (Private) Ltd

Citation / case number
AIR 2001 SUPREME COURT 3295
Court
Supreme Court of India
Petitioner
M/S. Estralla Rubber
Respondent
Dass Estate (Private) Ltd
Author
Shivaraj V. Patil
Bench
D.P. Mohapatra, Shivaraj V. Patil

Judgment text excerpt

The Supreme Court held that the High Court erred in exercising its power under Article 227 of the Constitution of India to set aside the District Judge's order allowing the defendant's amendment application under Order VI Rule 17 of the CPC. The Court found no evidence of an admission by the defendant that would be displaced by the amendment, and emphasized that the proposed amendment was necessary for a fair adjudication of the dispute. The Court ultimately allowed the appeal, reinstating the District Judge's order permitting the amendment.

M/S. Estralla Rubber vs Dass Estate (Private) Ltd · Niyam