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.