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.