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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
SC 2001/1771
Court
Supreme Court of India
Petitioner
M/S. ESTRALLA RUBBER
Respondent
DASS ESTATE (PRIVATE) LTD.
Author
Shivaraj V. Patil
Bench
SHIVARAJ V. PATIL D.P. MOHAPATRA

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, which aimed to clarify the status of the property based on revenue records. The Court emphasized that the proposed amendment was necessary for adjudicating the dispute and did not prejudice the plaintiff's case, thus allowing the appeal and reinstating the District Judge's order.

M/S. ESTRALLA RUBBER vs DASS ESTATE (PRIVATE) LTD. · Niyam